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HomeMy WebLinkAboutAgenda Packets - 1990/04/16 CITY OF MOUNDS VIEW CITY COUNCIL APRIL 16, 1990 AGENDA SESSION 7:00 P.M. 1. Continued Discussion Regarding Junk Vehicles 2 . Continued Discussion Regarding Storm Water Management 3 . Consideration of Staff Memorandum Regarding Bid Award for Park Building Carpet Replacement (to be provided Monday evening) 4 . Consideration Regarding Request from Spring Lake Park Lion's Club for Renaming of Lakeside Park 5 . Consideration of Staff Memorandum Regarding Conditional Use Permit Request and Variance for Steve Melby, 8419 Spring Lake Road, Planning Case No. 290-90 6 . Consideration of Staff Memorandum Regarding White Oak Homeowners Association, 2516 Ridge Lane, Wetland Alteration Permit Request, Planning Case No. 294-90 7.---------- Considerationof Staff Memorandum Regarding Variance Request by Tom Plumb, 7359 Park View Terrace, Planning Case No. 293- 90 8 . Consideration of Resolution No. 3020 Proclaiming April 26, 1990 as "Arbor Day" and the Month of May as "Arbor Month" 9 . Continued Discussion of Ordinance No. 486 Regarding Garbage and Rubbish 10 . Consideration of Staff Memorandum Regarding Cable Television Regulations i 1 PAGE TWO APRIL 16, 1990. 11. Consideration of Proclamation Regarding Pinewood School Staff and Teacher Appreciation Week 12 . Consideration of Staff Memorandum Regarding Resolutions Designating Retained Earnings of the Sewer and Water Funds 13 . Quarterly Head Report - Police Chief Ramacher - Parks, Recreation and Forestry Director Saarion 14. Consideration of Staff Memorandum Regarding Comprehensive Land Use Plan Update 15A. Consideration of Staff Memorandum Regarding Municipal Code Update, Chapters 1 and 2 15 . Consideration of Staff Memorandum Regarding Municipal Code Update, Chapters 4, 5, and 6 16 . Consideration of Staff Memorandum Regarding Closing of Greenfield Park Fund • TU: MAYOR & CITY COUN I L / -ROM: CLERK-ADMINISTRATOR 4111 APRIL 9, 1990 1"110110 SUBJECT: JUNK VEHICLES Ht your direction , i nave discussed the referenced subject matter with Police Chief Ramacner, CSO Bednar , and other members of the Police Department. Essentially , we addressed the issue by asking the question , " is there a better way for dealing with junk vehicles?" We came to the conclusion that tnere are other ways for dealing with junk vehicles, but they might not necessarily be better. For instance , the City could limit the number to vehicles parked on a piece of property but then we will likely be dealing with an on-street parking problem. We could require that cars be parked on paved surfaces only, but unless we limited the area that can be paved on a lot, we will see an increase in the area of paved surface which runs contrary to our efforts to limit paved surface for storm water runoff purposes. The question was then asked , "Do we really have a problem?" It is our feeling that we have rio more than 20 parcels in the City where an "unreasonable" number of cars are being stored and in some cases these lots are very deep and the cars can be seen by few, if any people. Considering the size of our community , this does not appear to be an Ordinate number. It is the position of staff that in view of the limited number of properties involved , the limited number of complaints we receive on an annual basis, and the fact that any "solution" to this matter carries with it certain problems, the City continue to enforce our current codes which have to this date proved satisfactory. It the Council wishes to consider stepped up activity in this area, staff will be happy to suggest ways for doing so within the confines of current work loads and budgetary restrictions. Your direction in this matter would be appreciated . i MEMO TO: MAYOR AND COUNCIL FROM: MARY SAARION, DIRECTOR PARKS, RECREATION AND FORESTRY DATE: APRIL 9, 1990 SUBJECT: LAKESIDE PARK NAME CHANGE Parks and Recreation Director, Jay McCluskey, from the City of Spring Lake Park, called me the week of April 2 to inform me that the Spring Lake Park Lions Club had approached the Spring Lake Park City Council regarding a name change for Lakeside Park. The Lions are requesting the park's name be changed to Lion's Lakeside Park. The reason that was explained for this request was that the Spring Lake Park Lions have donated over $137,000 for improvements to Lakeside Park and they expect to donate an additional $84,000. Furthermore, the Lions Club intends to "adopt" Lakeside Park and provide an on-going funding program. The name change to include the "Lions" provides an added incentive for Lions members to continue their support of the funding of improvements to Lakeside Park. • The Spring Lake Park City Council approved the name change. However, because the park is under joint ownership, the City of Mounds View must also approve the name change. In addition, a public hearing must be held regarding the name change. Mr. Norman Kelzenberg, a Spring Lake Park Lion's member and member of the Lakeside Park Planning Committee has been requested to attend the agenda meeting on Monday, April 16, 1990 to make this request and to inform the Council of the additional contributions. MS/SL City of Spring Lake Park Parks&Recreation Department 1301 Eighty First Avenue Northeast Spring Lake Park,Minnesota 55432 (612)784-6491 Mayor Harley Wells April 10, 1990 Counciimembers Jeanne Mason John M.Conde Don Mathiowetz City of Mounds View Barbara Carlson Mary Saarion Clerk-Treasurer Department of Parks & Recreation Donald B.Busch 2410 Highway X410 Mounds View, IMI 55112 Deputy Clerk Barbara Nelson Dear Mary: Chief of Police Bruce Porter As you know the Spring Lake Park Lions have donated approximately Parks&Recreation $225,000.00 to the cities of Mounds View and Spring Lake Park for Director improvements at Lakeside Park. Jay T.McCluskey P11biiC t Some of these im>?rovenents have included; playground equipment, a Director new beach house, retaining wall, curbing for the narking lot, Chuck Rundle sandlot volleyball courts, picnic tables, benches, sodding , and an • irrigation system. This year the Lakeside Park Improvement Committee is planning to replace the old softball field ihanew backstop, bleachers, player benches, more sodding, irrigation ath. The Spring Lake Park Lions would like to continue ttotbe more active in the park and have asked the name ofthepark to include if they would consider Changingdoing this the word"'Lions." Example: LIONS LAKESIDE PARK. By the Lions would feel more responsible in keeping the park up in ------ -- _the future. Our City Council was not against changing the name. But, to change the name we would have to have o�c�lo��i��1 . If the name change is "OK" with your City n a suggestedake Park our two cities have a joint public hearing at our Spring Canra.mity Center Monday, May 7 @ 8:00 p.m. A Public Hearing Notice to change the name of Lakeside Park to Lions Lakeside Park would have to be published in both of our cities official newspapers before the hearing. 9 Aa :� 31 3 - i 0 -.., -! :N.-= :,r\ H II WI 11 - . __ it_,,..„. . _ __.__, _.,.., he IL. C f Spring Lake Park Parks Sr Recreation Department 1301 Eighty First Avenue Northeast Spring Lake Park,Minnesota 55432 (612)784-6491 .\lauor Please discuss this with your City Council and let me know their Harley Wells feelings. Councilrnenibers Jeanne Mason John M.Conde Thank Don Mathiowetz Barbara Carlson Sincerely, Clerk-Treasurer Donald B.Busch Deputy ClerkTY OF SPRING LAKE PARK Barbara Nelson i ,,.,2-_,:.,„.,,,,,L:: Chief of Police Jay T. cPa ksey Recr'eation Bruce Porter Director Parks&Recreation �lJ Director �l jay T.McCluskey •tic Woks tor Chuck Rundle •': 4 -a 3 k Aa 1 II in 11i1 11 !I : 11 11 1 i it March 23, 1989 MEMO TO: LAKESIDE PARK IMPROVEMENT COMMITTEE FROM: JAY T . McCLUSKEY SUBJECT: PRIORITY LIST. WITH ESTIMATED COST AS DISCUSSED AT COMMITTEE MEETING WEDNESDAY, MARCH 22, 1989 1 . Retaining Wall 5700.00 Sidewalk 2800.00 8,500.00 2. Sandlot volleyball area 3850.00 • ren picnic tables (500 ea) = 5000. 00 8,850.00 3. Dock , dredging and aerator 69000.00 Public access 2500.00 71 ,500.00 4 . Sidewalk around inside of park 23,000.00 (2800' x 6 ' wide) 5 EJail1 ieid (grading & og . lime ) 2000 .00 Backstop 1400.00 Bleachers (2) ( 1000 -ea) -- _-_ _2000.00 5,400.00 6. Resurface parking lot 3600.00 Curbing 3500.00 7, 100.00 7. Landscaping 5,000.00 129,350.00 • ,T • MEMORANDUM TO: Mayor and City Council FROM: City Planner, Michelle Hren DATE: April 11, 1990 SUBJECT: Steve Melby, Conditional Use Permit and Variance 8419 Spring Lake Road, Planning Case No. 290-90 Mr. Steve Melby has applied for a Conditional Use Permit and a Variance for an oversized accessory building at the property located at 8419 Spring Lake Road. Mr. Melby was issued a building permit by the temporary build- ing inspector while Mr. Tobias was on vacation. The site plan that the applicant submitted did not indicate that there was a garage that already existed on the property and as such was issued a building permit. When Mr. Melby called for an in- spection, Mr. Tobias noticed that there was already a garage 411 on the property and indicated to Mr. Melby the problem. The accessory building exceeds the allowable square footage for a building of that type, therefore, the variance request. The Planning Commission approved the Variance request and recommended to the City Council approval of the conditional Use Permit for the oversized accessory building. Staff is looking for direction regarding the appropriate resolution to prepare for this request. 411 X._ MOUNDS VIEW PLANNING COMMISSION STAFF REPORT REVIEW DATE: March 21, 1990 AGENDA ITEM NUMBER: 5 (Agenda Session) CASE NUMBER: 290-90 APPLICANT: Steven Melby REPORT PREPARED BY: City Planner Michelle Hren PROPOSED REQUEST: Conditional Use Permit LOCATION OF REQUEST: 8419 Spring Lake Road • The applicant, Steven Melby, has applied for a conditional use permit (CUP) for an existing 542 square foot detached garage that was constructed last summer. The building permit for this detached garage was issued, despite the existence of a 480 square foot attached garage. The applicant failed to indicate the existing attached garage on the site plan sketch which was submitted along with the building permit application (see attachment). The Zoning Code allows, by CUP, a second garage provided that it meets the requirements of the Code. The total square footage of the two garages is 922 square feet which is within the maximum limit of 1,264 square feet of garage space. Based on these figures, the applicant could still have a shed under the accessory building requirements. The additional garage appears to meet all the requirements regarding accessory building setbacks and conforms to Section 40.10, Subd. D(6) of the Zoning Code (see attachment with heading, "Ordinance No. 443"). • MMH/BAC • 11/ ORDINANCE NO . 443 CITY -0F MOUNDS VIEW ////// COUNTY OF RAMSEY STATE OF MINNESOTA DS VIEW pp1ENDIEN THE CHAPTER 40UNICIPAL CODE OF ENTITLED,U"ZONING` BY AMENDING The Council of the City of hounds View does hereby ordain: SECTION I . 40 .10 , Subdivision D, shall be amended as follows : (6) Gara.e exceedin• ei• ht hundred sixt -four (864) s•uare feet. a. The accessory buiad40 . l0usSubdn C( l)wofhthis tCode : 40 .04 , Subd. F an b. The combsned onealotfcannot exceed onethousandtwo buildin s on hundred sixt -four (1 ,264) s uare feet. c , the •ara•e s •uare foota.e is •reater than one thousand 1 ,000 ) s uare feet, no other accessor storage buildin is allowed. d . The buildin shall be desi ned and maintained to •rovide a uniform a•oearance with the dwellin• unit. e. The width of theid threeavehiclecaccess ,feet nor allow for more thana f . Should the use for which the ermisub et was rranteddbea- chan•ed, the •ermit shall be tion, revocation or other hereaction regulated by Chatter 40_.25 o stora e building other than a Qarage exceeding f6� (_ Accessoryh � two hundred sixteen (216 ) square feet. a. The accessory building must conform with Sec thins 40 .04, Subd . F and 40 . 10 , Subd . C( 1) f Code . b, The combined square f°Otxceedfonelthousandrtwouild- in s on one lot cannot e hundred sixty-four ( 1 ,264) scuare feet. t storage building shall not exceed four b- c • The accessory hundred ( 400 ) square feet. d . The building shall be etmaintained to provide a uniformappearancewih thedwellingunit• _ r "�* a n .-,. y_w r _- _- ORDINANCE NO. 443 r PAGE TWO II , ;_. • e- e. The building must bearpermanent structure. : f.; : Should the use -fors which h , permit was granted by' changed', the 7-permztrsha I be` stab j ectr to- reconsideration,• revocation `or ether "action _- ' regulated by Chapter 40.25 of this Code. ' , .c.1134, .11 7' 7-. V"$./,'L. (• <"-' i i r . •--y • . • SECTION II. This ordinance shall- take aef f ect -thirty (30 ) days of ter.the.,date of its publication..• .,-;• • • Read by the Council of the..City of Mounds View on this'? 27th - :: dax of June >f : , 1988 ' � ---`r . .. ,.3-:. """3`_"►." a..o..r.w;Yr�.w • *r•-GFS .' r"�i14 r .. '�= Passed by the Council of the City of Mounds Vie thisI1 °�, day .of.:�.; JulY '' "' ••-. ,;: 1988. '''t.' . - " 4 • A t . X �' .. ter Y ;. }w =�rT.� y or/„,+ f R ...'�'.""A .n�iei� a�W#' .�,��� '7'..-,..- -$ _ ATTEST. r ---- a: �.. -- ` "' ..."....r.`F-a,r.4„ ♦_ .,s. J • ` 1 r ;Rr .N" t .'f ',.`i . c w.,j t Y'" i'Pas' J!4 .f�- 1—1: ' « _ � ma . 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BLOCK SIZE & LOCATION CEMENT MAN WATERPROOF BACKFILL.--- OLD GARAGE REMOVED BY EXCAVATION BY OLD CEMENT REMOVED BY GRADE FLAT-- .-----.DROP f DROP OFF • 11110 i f t r7 IS BIN _0 DRIVE ON THE NEW ASPHALT DRIVEWAY.BE CAREFULLNUC77TOEHURTITT USE PLYWOOD TO PROTEC'? THE EDGE. I Z6 : f , /\ I 1 fir : • . ' I \11 _ V - t'7'd u5 1- R n BLAINE - COURT, ANOKA c. R0.0�` IJtI :17/11 I i MEET 6 EOM. a' .0 6-ERP ONE KO 1 !I 11 II m' 1 it �1 �,( >?, MR., Avf 'NE I! ``\• This nap k Kw grr�q �il i IIII \ \ ill I -4 purposes only and Mould not c1Os I111 : IL \ 21,I ` / in ova ott Is t.qiprecise InwMr.naM o 2. 11t I. g' ;. . sur . .of a..' we o f l'' aa / �` I . <.W = zj! A \ I !LUNE ';VA IIp g �: AYE -..-...-//-/--_ • .. _L_ .ROAR AVr ; I•• /i- - t s ' '• . - i) m,\ �C II 1�u, fI a3� Y °,.)1.4'ORT anrE 1 •it i1-'1 , u :;I sw�.aoo o.e ,. �Iss L 61 ePRItK < i I awl I / Tont.C.. La,,,.,,=,.., E ( . . 8 1IRrmN)o oIi 1> ! f r: ^HILLV E. Ao.o (-21-"'; . 4 1 ti:k\HI . •3 ___=____________J • T 0 . I OAK.000 DRIVE 1 .. J =I ! TERRA!. s,.,Rr ! RR. �� NIIL ~ RDDD1 / �" ROAD- il COUNTY p 7O r JRIK J. e ,11;;11/-) —_ tIll . > 5r h--:-.1 I.EUE I.NE ® IPe�OI/RT0 !BONBON u R! ® �� I: p.c....cow `�� o wI i- 0 / I _ j WIERT RA:. n f®LANE SCOrlYO O7 I \ _ i.t a (W ,3 11 .'.IXMTv ( . ` ` 8 ' o ' S ROAO I 1. 1E1- to < ��I W CLEMVIEM AVE- �^ i 4fAIHRCH AVE. S _ °� le^�,•moi Si • GOAL! OlE I" W t AgOE IIB _=J E //w000A%EYI OWE '�' 4 I < 31 // I Ii i D �IIIRo... 1 NIL i ! I I I = L g y • i+< > °''''' MaY1CREsiALL 71g l 1I(AWE • • wAN Av `3 RING KR*LANE ; t o !I o ;• > _ 3II ! _� : COAT, Row •• r \ _- . _-y II t. 17-11-1701 I\\ NEW BRIGHTON /.. 71: " A Steven Melby , 8419 Spring Lake Road Planning Case No. 290-90 i �_ ,..T.,. .. \ 10 LIL_______J III .:..�:.� 1evo lillin MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 286-90 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE CONDITIONAL USE PERMIT AND VARIANCE REQUEST BY STEVE MELBY FOR A SECOND ACCESSORY BUILDING AT 8419 SPRING LAKE ROAD, PLANNING CASE NO. 290-90 WHEREAS, the Planning Commission has reviewed the request by Mr. Steven Melby for a conditional use permit to allow a second accessory building on the property located at 8419 Spring Lake Road; and WHEREAS, the Planning Commission understands that the second garage is newly constructed on the lot; and WHEREAS, the Mounds View Zoning Code allows a second accessory building by conditional use permit provided that the total square footage of all accessory buildings does not exceed 1,264 square feet; and WHEREAS, the Planning Commission has determined that the accessory building meets the minimum setback require- ments;and WHEREAS, the maximum square footage for an accessory building allowed is exceeded by 142 square feet;and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends to the City Council approval of the requested conditional use permit contingent upon the following: a. That the conditional use permit is recorded with Ramsey County. b. That the applicant understands that no other accessory building will be allowed on this property. , RESOLUTION NO. 286-90 PAGE TWO c . No motor vehicles other than licensed collectors vehicles allowed d. There will be no improved or unimproved driveway access to the accessory structure. e. That the building shall be a permanent structure and maintain a uniform appearance with the principal structure. f. That if the use should change from what the permit was granted for, the permit will be null and void. BE IT FURTHER RESOLVED that the variance is granted on the hardship that the City granted a building permit in error for the construction of an oversized accessory building; and further recommends that the building permit be amended to reflect the change from garage to accessory building. BE IT FINALLY RESOLVED that the Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes . 411 Adopted this 18th day of April, 1990. ATTEST: Chairman (SEAL) City Planner MEMORANDUM 111 TO: Mayor and City Council FROM: City Planner, Michelle Hren DATE: April 11, 1990 SUBJECT: White Oak Homeowners Association - Wetlands Alteration Permit The White Oak Homeowners Association has applied for a Wetland Alteration Permit to do general maintenance of their yards . The Wetlands Ordinance requires that work such as what is proposed requires this permit. Please find attached a copy of the request from the applicant suggests the work that will be done. The list includes general lawn mowing, planting and maintaining gardens, trimming of shrubs, and filling some small dips in the property. Please find attached a copy of City Engineer, Ric Minetor's memo addressing this request. 411111 Staff would like direction regarding the appropriate resolu- tion to prepare for this request. The public hearing is sched- uled for April 23, 1990 . MEMORANDUM Memo To :Michelle Hren, City Planner From :Ric Minetor, City Engineer/Director of Public Works Date :April 11, 1990 Subject :Wetland Alteration Permit - White Oak Home Owners Association I have reviewed the request of the White Oak Home Owners Association for a wetland alteration permit. Some of the activities requested do not require a permit. The following comments apply to the activity cited, activities not cited do not require a permit. Filling low area in lawns: Minor filling is allowed when it does not have substantial or significant adverse impacts. Filling of small depressions would not create these types of impacts. Removal of vegetation: Mowing of existing lawns , trimming trees , harvesting vegetables or flowers, in my opinion, are activities which • do not require a permit. Complete removal of vegetation in the pond, whether by harvesting or chemicals, definitely requires a permit . Since the pond is man-made and has existed in the current configuration since construction, I do not believe this activity creates adverse impacts. It should also be noted that a DNR permit is also required for this work. Placement of docks, landscape structures and house alterations: The permit standards of the current ordinance do not address minor structures, the regniremPnts are that floor elevations are 2 feet above the wetland boundary; that there is no endangerment of health, safety, or welfare; and that there are no unusual road or utility maintenance costs. While docks and minor structures require a permit, there is no standard by which to judge them. Some of the problems with these activities are that the ordinance is vague regarding these issues and requires interpretation of language. An example is removal of vegetation. It could be argued that mowing a lawn is removal of vegetation: It could also be argued that mowing a lawn is maintenance of a lawful use of his land and therefore exempt from the requirement of a permit. In fact , some may argue that all the activities requested are maintenance of lawful uses of land. -- 4, - t i 2 1-- - 4 --• - r G- / v - (i • --- l_--- 1_. 1- - --1 ..rte.1 Qr.i. (0‘..--�-- - -- ----. . 1 c4 v4-a•aoa ALi. - •- - --- -- re. of.tollo• .13 • r- -c T"6 • c 7E /..,£' %-CW LW I ( � P Jam. .."--.7777---a Q� - �I"' y .. J;" -NI I ' m d I fir( �� i- i. •j w - ,•• O/ / of to ,- m Itr ,O r - 'j N 7Y-? - � 1- If- { i i a. ' #- - © �+ - - - - -- ,• QQf"�� � • ( { J` \ til„ it 1' M i_ - — n -. ,4 I ( :. - h/ I -`a I1--Y t-1. -1� I - • 7 ++ :T N V ' r O 1I I Y IV ,1 I a ( 4 -4.4 -ir. i OD r { -C r) n. ,- n. 1rrl �; 0 k - a I j M v !inJp I m i 1� a; Cr' � k'� LA-�c + . • _3'1 Sk- Q"• L SL_-er: -1_rt: IOC C S_Gii 1 S@ i A - — F _ i- "^ --- — S1 --T- �*—r ..i-T - r-?F, 1:h 7ro i -t-c, ^ I'! ( ,' T .r 1 - . . 1 0 l Zp ! 1�" 1 i I a y' 4` g- �. N OM! VLO Jof • .• j I E - — m �' J Y7- I id d �-- tl i_______1_,t, by ir pe 0 t f �t5 i 'j � : I r I // J' ` a > 4 ry. • -r. _ i -.) 1.. Yv.•1-_!'• -- - --` ..2.-. i- .l_.i. 1"r� t • .Li t ?Y_ _ -i -1fr' _ 1 G 1 w 1 I t 6: I . 1 .1 ,. ,. I I .. L LQaGcL� 1 . 1 1 . � I 9f"L41� ¢I � � Ob97 ^— — - — -- - — N a) a) U - c v � > o > o > 73 tro 4Q 13 p 0 'L j - ) QJ 0 ' 0 • The final comment regards the time of the permit. By the nature 111 of past requests, permits have been issued for a single event. This request is basically for on-going activities and therefore an open ended permit. I do not see this as a problem; however, the Council must realize that it is setting a precedent for future requests of a similar nature. I recommend issuance of a permit to White Oak Home Owners Association in accordance with their request. • • CITY OF MOUNDS VIEW PLANNING APPLICATION Date April 2,1990 w 571-7700 A CANT: Name White Oak .Home Owners Association (Tom Foster) Phone h 786-7793 �1 Co . Address 25k6 Ridge La. , Moundsview Interest in Property (Check Appropriate Blank) : xxOwner of Record Lessee, Operator, Manager - Contractor for Deed Owner Agreement to Purchase - Other (Exp] ain) Documentary evidence of applicant' s interest in the property may be required before final City action on this request. PROPERTY : Address/General LocationWetland zoning district located east of ]Long ]Lake Road, south of Ridge Lane. West of Irondale and North of Woodcrest Drive. Legal Owner: Name/Address White Oak Homeowners association and attached list of residents. Present Use (Check Appropriate Blank) : Undeveloped/Vacant Apartment xx Si nyl a Family Dwell i ny Business Esabl i shment • Dupl ex Dwell i ny Industrial Establishment i shment Multiple Dwelling (3-6 units) - Other (explain) The wetland zoning district includes the back yards of the residents, and land owned by the White Oak Home Owners association, and a pond labled Artificial Lake on the Wetland zoning district map. Property Classification: Abstract Torrens REQUEST: (Explain) Our basic request is to be able to do the normal yard maintenance that normal home owners in Mounds View might do, including landscape maintenance such as trimming trees, bushes, etc, removing dead trees, planting gardens, filling in low spots in our lawns, cleaning the beachAr.rea, removing leaves from around the edge of the lake,etc. None of this wou • change w. - - lo- or flood capacity. I hereby aecl are that the above statements are Lrue. - . , - �A «< ff, f ->,is :T,re f4144,ifk#44 i . ,•, 1 . FOR OFFICE USE ONLY : TOTAL BASE *(Base Fees are Non-Refundable) DEPOSIT FEES Subdivision , Major $250 ($150) TOTAL FEES PAID /,$C- I Subdivision , Minor $100 ($75) Date Paid 3--1? Rezoning $100 ($50) Receipt Number ;14.2 - Conditional Use $100 ($50) Variance $75 ($50) Code Appeal $100 ($50) ParK Fund Deaication 41 Iteration Permit $150 ($50) 1,511'41° Date Paid an Review $100 ($50) Receipt Number her ($5U) Planning Sign $50 Aaat'l Fees Paia Date Pala Receipt Number 9 '15-- )N\L INFORMATION RP1OVAL OF VI=TATION: This woul. Ii1CLune cuttin the grass, trimiging trees, 1 pickinR flowers and vegetables, and the water treatment {or whic 'a e receive a DNR permit and have done by a comercial. oke ri • itmeat company. An EUER ZONE AiNTNANCE: This would include raking the beach area, fiiiiny, sm31.1 holes in yards and the beach and buffer zc:le E,-. ravide Lor an enhancement of the recreatioaai activitie:3. PLACEMENT OF STRUCTURES: inc e ntior to the wetland ordtnance, various homeowners a have had docks on the stars and an tiI i =ganr_! . Other structures and alterations we would H.,- iFrion mht be dges Lo some of t houses which do rice bliiigg permits, and landscapin sch as he :7.-me -.:it':, !i_,rdscape tmbets, post:s, etc . i 1 1 I 4 1 I /1 , / ,4/l -- MEMORANDUM 111 TO: Mayor and City Council FROM: City Planner, Michelle Hren DATE: April 11, 1990 SUBJECT: Tom Plumb Variance Request, 7459 Park View Terrace Planning Case No. 293-90 Mr. Tom Plumb applied for a Variance from the rear yard set- back to allow the addition of a three season porch to his home. The Planning Commission denied the request based on the fact that they felt there is no hardship on the property and that a precedent would be set if this variance was granted. Mr. Plumb has decided to pursue the appeal that the Ordinance allows if the Planning Commission does not act in favor of the applicant. Please find enclosed a copy of the planning report that was • prepared for this request. The applicant has also provided the City with a written request including a "hardship" statement. Staff is looking for direction regarding the appropriate resolution to prepare for this request. MEMORANDUM TO: Planning Commission FROM: City Planner, Hren DATE: March 21, 1990 SUBJECT: Tom Plumb Variance Request Please find attached a copy of the proposed three season porch addition by Mr. Tom Plumb, owner of 7359 Park View Drive in Mounds View. The lot does not have four corners therefore is considered somewhat unique in shape. The Zoning Code indicates that the in these cases the front of the lot is determined by the orientation of the house therefore the front of the house faces south and the proposes addition is in the rear yard. The R1 District requires a 30 foot setback in the rear yard. The applicant would like to encroach approximately 5.5 feet into the rear yard. Please find attached the criteria used for evaluating variance • requests per the Zoning Code. The applicant has also submitted the proposal for your review. Staff is looking for direction as to the appropriate resolution to prepare for this request. f:plumb 111 VARIANCE REQUEST SUMMARY OWNERS: Thomas & Bette Plumb (Owner of Record) ADDRESS: 7359 Parkview Terrace TELEPHONE: W - 223-7574 (Tom) H - 780-7242 HOME BUILT: 1986 ORIGINAL BUILDERS: Marvin Anderson PROJECT SCOPE: Addition of a 14 'x 16 ' three-season porch to back of home. PROJECT BUILDER: Pleasantview Construction - Merle Lensing, Owner VARIANCE REQUEST: The addition will extend the back of the house to within 24. 5 ' of the lot line. A variance of 5 . 5 ' from the 30 ' requirement is requested. CONSIDERATIONS: • The house is situated on a corner lot that is not square. Therefore, the original house was built at least 4 ' back from the required set-back to compensate for the curved lot line on the street. • The original builder made representations that a three season porch was an option available at time of original construction and could be added later. S • An optional placement of the addition on the east side of house does not fit design or style of house and although within setback requirements for side lot lines, would crowd space between homes. • An optional placement of the addition on the west side of house does not fit design or style of house. • The proposed addition is consistent with house design and style. The owner believes it adds value and appeal to existing home as well as the surrounding neighborhood. • To build the addition within the established set-back limits would not be economically feasible for the owners. However, there is an opportunity to compromise on the amount of variance requested. • The owner believes other homes within the immediate neighborhood have received a variance of this type within the last few years. ATTACHMENTS: 1. Surveyors Certificate with proposed addition overlaid 2 . Floor plan of proposed addition 1111 3 . Side view of proposed addition MIIYINQI1r'JLIJ, MINN. »4L.S . Lond Surveyor Civil Emil/tier PHONE NO. 866-2523 N4A?((beirSiirvcqor's Certificilte JOB NO. tDO."4 SURVEY FOR: P'1ARVIN H. ANDERSON CONSTRUCTION CO. DESCRIBED AS: Lot 6, Block 6, SILVER LAKE WCODS, City of bunds View, Ramsey County, Minnesota reserving the drainage and utility easements Il as shown on the record plat thereof. I I � 78/�G.j' I I I 3o % 1 i. 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':,-..-• -• y.i.; , 111 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 285-90 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING SETBACK VARIANCE REQUEST BY TOM PLUMB, 7359 PARK VIEW TERRACE, PLANNING CASE NO. 293-90 WHEREAS, the Mounds View Planning Commission has reviewed the request of Mr. Tom Plumb for a variance to allow the construction of a three season porch into the rear yard setback; and WHEREAS, the Mounds View Planning Commission has reviewed the criteria used to evaluate all variance requests; and WHEREAS, the applicant has presented a hardship statement to the Planning Commission; and • WHEREAS, the Planning Commission does not find that a hardship exists on the property; and WHEREAS, the Mounds View Planning Commission has determined that the requested variance is not the minimum amount variance needed; and NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission denies the variance request of Mr. Tom Plumb for a 5 . 5 foot variance into the rear yard setback. BE IT FURTHER RESOLVED that the Planning Commission recognizes that the applicant has the right to the appeal process as outlined in Section 40 .26, Subd. E, of the Mounds View Zoning Code. P RESOLUTION NO. 285-90 PAGE TWO 111 BE IT FINALLY RESOLVED that the Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes . Adopted this 4th day of April, 1990 . ATTEST: Chairman (SEAL) City Planner • 4110 RESOLUTION NO. 3020 JL-1111/ STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MOUNDS VIEW RESOLUTION PROCLAIMING APRIL 26, 1990 AS "ARBOR DAY" AND THE MONTH OF MAY AS "ARBOR MONTH" WHEREAS, the City of Mounds View has been recognized for eight consecutive years as Tree City USA by the National Arbor Day Foundation for its efforts in urban forestry; and WHEREAS, trees in Mounds View reduce cooling and heating costs while moderating the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, the citizens and school children of Mounds View will be planting trees in Random and Greenfield Parks and along County Road I; and WHEREAS, these Arbor Day trees will be dedicated to the re- observance of "Earth Day"; and NOW, THEREFORE, BE IT RESOLVED that the Mayor of the City of Mounds View does hereby proclaim April 26, 1990 as "Arbor Day". BE IT FURTHER RESOLVED that the month of May is hereby proclaimed as "Arbor Month" and citizens are called upon to assist in the planting of trees now for the use and enjoyment of present and future generations. Adopted this day of April, 1990. (SEAL) MAYOR ATTEST: CLERK-ADMINISTRATOR 104 .01 11/ CHAPTER 104 GARBAGE AND RUBBISH 104 . 01 Definitions . ( 1) "Garbage" as used herein shall include only organic refuse resulting from the preparation of food and decayed and spoiled food from any source. (2) "Rubbish" as used herein shall include all inorganic refuse matter, such as non-recyclable packaging, ashes, and sweepings . (3) "Compost" as used herein shall include plant materials, such as grass, leaves, straw and non-woody plant materials stored on a person's property for the purposes of recycling organic materials as a soil conditioner. (4) "Yard Waste" as used herein shall include leaves, grass clippings, organic garden waste, or similar non-woody plant materials . (5) "Residence" as used herein shall include any single building of one to three dwelling units with individual kitchen facilities for each. (6) "Multiple Dwelling" as used herein shall include any building used for residential purposes consisting of four or more residential units with kitchen facilities for each. (7) "Commercial Establishment" as used herein shall include any premises where a commercial or industrial enterprise of any kind is carried on, including restaurants and clubs, churches, and schools where food is served. - -or transporter of garbage, rubbish, recyclable materials, or yard waste. (9) "Mobile Home Park" as used herein shall include any park, trailer court, trailer camp, court, camp site, lot, parcel, a tract of land designed, maintained or intended for the purpose of supplying a location or accommodation for any mobile home. ( 10) "Recyclable Materials" as used herein shall include, but not to be limited to, tin and aluminum cans, newspapers, corrugated cardboard and glass . • / ORDINANCE NO. 486 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY REPEALING CHAPTER 104, ENTITLED, "GARBAGE AND RUBBISH" AND ADOPTING A NEW CHAPTER 104, ENTITLED, "GARBAGE AND RUBBISH" The City Council of the City of Mounds View does hereby ordain: SECTION I. Chapter 104, Entitled, "Garbage and Rubbish" is hereby repealed. SECTION II . The new Chapter 104, "Garbage and Rubbish" is hereby adopted as attached. SECTION III . This ordinance shall take effect thirty days after the date of its publication. • Read by the City Council of the City of Mounds View this day of March, 1990 . Read and passed by the City Council of the City of Mounds View this day of April, 1990 . Mayor Clerk-Administrator APPROVED AS TO FORM: City Attorney GARBAGE AND RUBBISH 104 .02 PAGE TWO 104 .02 Failure to Dispose of Garbage and Rubbish. It shall be unlawful for any person, firm, or corporation to fail to dispose of garbage and rubbish which may be or which may accumulate upon property owned or occupied by him or them in a sanitary manner. Failure or refusal to make provision for and secure such disposal at his or their expense or with the written approval of the property owner where it is being disposed, shall be subject to the penalties imposed in 104. 10. Persons desiring to make use of the services of a licensed hauler may do so by notifying one of said haulers and paying the fee therefore. 104.03 Garbage Cans . Every residence, multiple dwelling and commercial establishment having garbage to dispose of, who does not otherwise provide for the disposal of such garbage in a sanitary manner, shall provide himself with one or more fly tight waterproof containers sufficient to receive all garbage in a sanitary manner which may accumulate between the times of collection. Each container shall have a capacity not to exceed 80 gallons, except where dumpsters are used in conjunction with multiple dwellings, and commercial establishments . Each container shall be provided with a tight fitting cover and shall be maintained, cleaned and kept in a • state of repair which will prevent leakage. All garbage shall be drained of surplus water and wrapped in a manner sufficient to prevent leakage before it is placed in said containers . 104 .04 Storage of Garbage, Rubbish, Yard Waste and Recyclable Materials Subdivision 1. Except on scheduled collection days, garbage, rubbish, yard waste and recyclable materials shall be stored behind the front of the building line for the width of the property. Garbage, rubbish, yard waste and recyclable materials may be placed at curbside or on the boulevard for co - •- • + . - - . . . - . . . - - •• _ . _ - 4 . G- =- prior to the day of collection. Any garbage cans or other containers or materials left over from collection shall be removed from the curbside or boulevard within twelve hours after said collection. Subdivision 2 . Dumpsters for garbage, rubbish, yard waste and recyclable materials used in conjunction with multiple dwellings and commercial establishments for the convenience of the property owner, renters or leasees, shall be stored within an enclosure with the location and design providing a uniform appearance with the principal structure having been approved by the City. .. k GARBAGE AND RUBBISH 104. 05 PAGE THREE111 Subdivision 3 . Dumpsters intended for collecting recyclable materials from the public for charitable purposes may be located on a paved surface not designated for parking and must be clearly marked to indicate the type of recyclables accepted and the name of the charity to receive the resulting revenues. 104 . 05 Composting. Any person, firm, or corporation may provide for the handling of certain yard wastes as defined by 104 . 01, (4) of this Chapter by means of composting. Composting shall be accomplished above ground in a controlled area allowing for the decomposition of the material through an aerobic process providing adequate oxygen and moisture. At no time shall composting create a health hazard or a nuisance to adjoining properties . 104 . 06 Yard Waste. Except for purposes of composting under Section 104 . 09 of this Code it shall be unlawful for any person, firm or corporation to dispose of yard waste on private or public lands located in the City of Mounds View. All yard waste must be disposed of in the manner prescribed by law. Yard waste for purposes of this Section consists of all grass clippings, leaves, twigs, tree branches and other 4110woody and non-woody plant materials. 104 . 07 Licensing Requirements . Subdivision 1. It is unlawful for any person to haul garbage, rubbish, recyclables, or yard waste without the appropriate license issued by the City under this Code, unless the person is hauling from his or her own residence or commercial establishment for disposal at another location with the written approval of that property owner. Subdivision 2 . Each license shall be applied for, issued and renewed, and may be suspended or revoked, as provided by this Chapter, and each licensee shall comply with all applicable requirements of this Chapter. Subdivision 3 . Haulers collecting yard waste, recyclables and non-recyclables or any combination thereof from residential areas, commercial establishments, multiple dwellings and/or mobile home parks must be licensed. Subdivision 4 . Any person, firm or corporation desiring a license to collect garbage shall make application for the same to the Clerk-Administrator upon a form prescribed by the City. The applicant shall set forth the following: (a) The name and address of the applicant. 4111 GARBAGE AND RUBBISH 104.07 PAGE FOUR (b) A list of the equipment which the applicant proposes to use in such collection. (c) The place or places to which the garbage, rubbish, yard waste and/or recyclable materials is to be hauled. (d) The manner in which said garbage, rubbish, yard waste and/or recyclable materials is to be disposed of. Subdivision 5. Before a license is issued, the applicant shall file with the Clerk-Administrator evidence that the applicant has in effect public liability insurance for the hauler's business and for all vehicles in at least the sum of $500, 000 for injury of one person, $1,000,000 for the injury of two or more persons in the same accident, and $100,000 for property damages . Subdivision 6 . When the application is submitted, the applicant shall file with the Clerk-Administrator a schedule of proposed rates to be charged during the licensed period. • Every licensee shall provide 30 days prior written notification to the City and the licensee's customers of any change in rates to be implemented during the licensed period. Subdivision 7 . Before a license is issued, the applicant shall pay to the City a license fee to be established by resolution of the City Council, which shall accompany the application. Subdivision 8. No license issued shall be for a longer period than one year and all licenses shall expire on July 1 of each year. Subdivision 9 . Licenses may be suspended or revoked by the Council, after the licensee has been given a reasonable notice and an opportunity to be heard, for the violation of any provisions of this Chapter, or for the violation of any conditions or restrictions in the motion granting the license, or any motion passed by the Council, or upon failure of the licensee to comply with any conditions, order or direction issued by the City. GARBAGE AND RUBBISH 104 .0711/ PAGE FIVE Subdivision 10. In addition to the other requirements of this Chapter, haulers servicing residences, mobile home parks , and multiple dwellings shall comply with the following: (a) Curbside recycling collection will be made available to all residential and multiple dwelling customers no later than July 1, 1990. Such service shall include weekly collection of all recyclable materials on the same day as garbage and rubbish collection for residences . (b) Collection of garbage and rubbish and recyclable materials will be provided on a weekly basis, but not necessarily on the same day, for multiple dwellings and mobile home parks . (c) Collection service priced on the basis of volume shall be provided. (d) Each licensee shall separately collect and . dispose of yard waste on a regular basis for a minimum of eight weeks in the Spring, commencing on April 1st, and eight weeks in the Fall, commencing on September 15th. 104 . 08 Requirements and Restrictions . All licensees shall comply with all of the following requirements and restrictions: (a) No hauler shall operate in a residential district after 6:00 p.m. or before 6:00 a.m. of any day, and no hauler shall operate in a residential district on Sunday or legal holidays . (b) All haulers operating on a route in a residential district shall operate vehicles on City streets within the weight allowed by Minnesota State Statute. (c) Licensees shall have covered water-tight, packer- type vehicles, or in the case of recycling, appropriate container vehicles, in good condition and which prevent loss in transit of liquid or solid cargo. All vehicles shall be kept clean and as free from offensive odors as possible, and shall not be allowed to stand in any street longer4111 GARBAGE AND RUBBISH 104 . 06 PAGE SIX than reasonably necessary to collect garbage, rubbish, recyclable materials, or yard waste. (d) Persons may haul garbage, rubbish, recyclable materials or yard waste from their own residence, multiple dwelling or commercial establishment if hauled in containers which are water-tight on all sides and the bottom and have tight-fitting covers on top, and if hauled in vehicles with leak-proof bodies which do not permit the loss of cargo. (e) All garbage and rubbish shall be dumped or unloaded only at facilities designated by Ramsey County. ( f) Recyclable materials shall be disposed of at a recycling facility, an organized recyclable drive or through another licensed hauler. (g) Yard wastes may be composted privately or may be 4111 disposed of at an approved composting facility or through another licensed hauler. (h) Each vehicle for which a hauler's license is issued shall exhibit such license in a prominent position on the vehicle. 104 . 09 Reporting of Recyclables and Yard Waste. All licensees shall report to the City on a quarterly basis, on forms provided by the City, the quantity of all recyclables and yard waste abated from landfills . Such quantities shall be reported by tonnage, except that yard waste shall be reported in estimates of rubi yardage abatPd- Failure to certify accurate volumes within the time specified by the City may be cause for suspension or revocation of a hauling license. 104 . 10 Penalty. Any person, firm or corporation violating any of the provisions of this Chapter shall be guilty of a misdemeanor. } • MEMO TO: MAYOR AND CITY COUNCIL FROM: CLERK-ADMINISTRAT• ' ` Pct. DATE: APRIL 10, 1990 SUBJECT: CABLE TELEVISION REGULATIONS Attached please find a memorandum from Mr. Thomas D. Creighton, Legal Counsel for the North Suburban Cable Communications Commission requesting that the City of Mounds View consider adopting a resolution urging congressional support for the restoration of local regulatory authority over cable television systems. Your direction in this matter would be appreciated. DFP/mjs • • fra 11 , cuBURBAN CABLE ConNussION . 3585 LEXINGTON AVENUE NORTH•SUITE 240 •ARDEN HILLS, MINNESOTA 55126 • (612)482-1261 I f I —L ;-1 (734567z zr MEMORANDUM *' ° --_ , was 0 DATE: March 29, 1990 i>-= � �� ' TO: North Suburban Area Administrators "� and City Councils FROM: Thomas D. Creighton4 C 1°-i } Legal Counsel North Suburban Cable Communications Commission } RE: Cable Television Regulation • As you may know, the federal government is investigating numerous alternatives to the regulation of cable television. Proposals range from complete deregulation to increasing the city's control in certain areas such as rates. NATOA, previously the telecommunications arm of the National League of Cities, has distributed to its members the enclosed Resolution. As you can see, the Resolution encourages Congress to come down on the side of preserving the city's regulatory authority over cable and in some instances, such as rates, expanding that regulatory authority. NATOA has recommended to its member cities that you adopt this Resolution as a policy statement and forward it to Minnesota's United States Senators and your United States Representative. The North Suburban Cable Commission has reviewed the enclosed Resolution and also recommends its adoption by you. The Commission would recommend that you not only send the Resolution on behalf of the city to Senator Boschwitz, Senator Durenberger and your United States Representative, but also to influential chairs of Senate and House committees considering cable regulation at this time. We would recommend that you send the Resolution to Senator Joseph R. Biden, Jr, Chair of the Senate Judiciary Committee, Senator Ernest F. Hollings, Chair of the Senate Committee on Commerce, Science and Transportation, and Representative John D. Dingell, Chair of the House Energy and Commerce Committee. Instructions for the latter three mailings are attached for your information. •7 � ., _:_ - . -,,. . :, - t 2'y':.n ,......CP.Y North Suburban Area 1111 Administrators and City Councils March 29, 1990 Page Two If you have any questions, please feel free to contact me. Thank you for your cooperation in this matter. TDC/cjp cc: Bill Bruce • • RESOLUTION URGING SUPPORT FOR THE RESTORATION OF LOCAL REGULATORY AUTHORITY OVER CABLE TELEVISION SYSTEMS • WHEREAS, The Cable Communications Acts of 1984 restricted states' and local governments ' abilities to regulate the Cable Television Industry directly; and WHEREAS, Since the passage of the Cable Communications Act of 1984, concentrations of ownership amounting to monopolies have increased among cable television operations though that Act was intended to "promote competition in cable communications and minimize unnecessary regulations that impose undue economic burden on cable systems;" and WHEREAS Municipalities throughout the nation, including this one, have been subjected to substantial rate increases, service reductions, and programming changes that do not reflect consumers' needs or the original intentions of their franchise agreements; and WHEREAS, More than half of the nation's households and more than percent of the residents of this City subscribe to cable, and television is increasingly becoming the main means of access to information and entertainment; and WHEREAS, Cable subscribers in this City have been subjected to rate increases of over 40 percent over the past four years, as well as increases in the costs of remote control units, late fee charges, elimination of Senior Citizen rates, and installations; and • WHEREAS, Cable television is rapidly being priced beyond the reach of lower income people, including families with children, and the elderly who are particularly in need of information and other services that are available solely through cable television; and WHEREAS, The diversity of information services promised by the 1984 Cable Communications Act has failed to materilize; and WHEREAS, The promise of universal service similarly has not been fulfilled; and WHEREAS, Existing law provides this City and other franchising authorities no authority to control or question the imposition by cable franchisees of exorbitant rates upon citizens whose rights-of-way have been placed at the companies' disposal by virtue of the grant of franchises; and WHEREAS, The National League of Cities has adopted policies in favor of increasing local governments' cable regulatory authority and in favor of more competition in the provision of cable television services to consumers; and WHEREAS, Legislation that is now pending in the Congress seeks comprehensive changes in the Cable Communications Act of 1984; NOW, THEREFORE, BE IT RESOLVED, That the City Council of the City of declares its support for the restoration of local regulatory authority over cable television systems; Restoration of Local Regulatory Authority • Page 2 • BE IT FURTHER RESOLVED, That the congress of the United States should rewrite the Cable Communications Policy Act of 1984 with particular focus on reregulation of subscriber rates, allowance of telephone company provision of cable service under the circumstances that respect local government authority, system ownership transfers, the impact of vertical integration in the cable industry, and other aspects of the Act that directly impact local regulation and consumers; BE IT FURTHER RESOVLED, The City Council of the City of urges congressional action for appropriate federal legislation to restore local authority over cable systems to eliminate the barriers to competition, and to rectify other aspects of the 1984 Act that work to disfavor cable consumers. • • II f. O_j ' � Vlume8N bar3The NaIws ..14. IASEO`'� I �` � JUNE 1989 TelecommuE I Officers and Advisors eLsea �� T An Affiliate or �0./► R I th1e NallonalLsepue \JAI* a 1 0l Chea .,x;41•01 er • { _�l.z! 1] 04'a�tbl�R .'dr • • i.+1aa' ♦�Lt 1.,. •e r •.A4' Legislating :'••-----` � Vol(j����J CABLE `. '1 1 Congressional V✓ 4 Testifies _ _ ' Debate Begins' • �- = Bills Hit for Cities --�!LLL— t ii. 'z#'al ,wtt. byCatharine Rice A'i With a flurry of activity,a S r i -..o. _ x. _ T ';' ''4--.1, major debate on regulatory On April 12,1989,Mayor ,IOW ,,, T*! Attis -V.1-;•:5_- policy for the cable industry has Thomas J.Volgytestified on t i. Y rbeen kicked off In Congress. behalf of NLC d USCM during 'r, �>>�6 °r••'R"`s' Three pieces of legislation have hearings on the anticompetitive ". . r , designed to provide cities and This hearing was held by ,�d'`'1 '`, i _ �• s towns with broad new regulatory . authority and increase Senator Metzenbaum,Chair, Y ;+ ( lion,and more bills are competi- Senate subcommittee on anti- trust,monopolies and businessexpected In the next few weeks. rights. What follows are • '-'41 +.Ir . Sen.Howard Metzenbaum excerpts from testimony sub- ;.. r t_r I I (D-Ohio),Chairman of the milted by Mayor Volgy as wellc i . 1 xe t Senate Judiciary Committee's as other representatives fromr • _ subcommittee on antitrust, 0 the media field. •"1.` . r-- monopolies and business rights, r. f • s Introduced two bills(S.833 and S.834)on April 18 which are Intended to check the monopoly Mr.Chairman: , - • y I power of cable companies.Just I want to thank you for this p-.•—• �'..••- two weeks later,Sen.Joseph - opportunity to testify before - - — — Lieberman(D-Conn.)introduced you and the Committee on the t a bill(S.905)that would repeal vital telecommunications *1•`:4."--2t:,),,„,.... rate deregulation in Its entirety. Issues you are considering.As ' ^" (1 to R)Thomas J.Mooney,Mayor,ntcaon,Arizona and Rep.Christopher Shays Intra the former chair of the National Mayor pro Tem,Saul N.Ramirez,Jr.,Laredo,Texas testily duced companion legislation on behalf of cities during Senator Metzenbaum',hearings. League of Cities Telecommuni- (H.R.2222)In the HOuse.As cations and Transportation -‘k'•,-r NATOA News went to press, - Steering Committee,as the - 4--.c•--• - -- - — introduction of legislation on present chair of the Conference the question of telephone com- of Mayors'TelecommunicationsTelecommunications Act of consumers of telecommunica- pany entry into the cable busi- Committee and the Chair of its1884,I am extremely encour- tions. ness was anticipated. new Task Force on Telecom- aged by your interest,Mr.Chair- Senate Bill 88 promised us The Metzenbaum Bills municatlons and Telcos,and as man,and that of the committee, competition instead of regula- one of the original negotiators in this vital area of public tion.Today we have neither.In Citing the fact that 99 percent representing the cities on Fed- olio fact,what we have today is a of the nation's cable sub- eral legislation leading to the p At stake is something as (continued on page 4) (continued on page 2) • crucial as freedom of speech in / the electronic age.At stake Is something as crucial as access Also In to a technology which can National League of Cities Institute Floe Class Marl the quality of our lives 1301 Pennsylvania Ave.,NW U.S.Postage �+ Issue: which can improve the Washington,DC 20004 PAID hl s issue: economic well-being of our citi- weatwglo",ca zens.At stake are the rights of Permit No.3471 consumers In a monopolistic . President's Letter 2 market. Freedom of speech is guaran- Legislative&Legal Affairs teed not only to those who can a r Hearings Highlights 5 I afford it,but to rich and poor Lalike.Contractual commitments MrtzrnMum StaffIII ...-OA__ y0....4_ ,.....1.4_i4 at-A.4%.ILL: i C?c,......e /6-e- t r Paas J NATOA NEWS The Lieberman-Shays Bills cations and finance—Rep. Alluding to his negative expe- Edward Markey(-•Mass.)—and How You Can Help!! rience with deregulation as the chair of the full Energy and S attorney general for the state of Commerce committee—Rep. Congressional efforts to Connecticut and stating that It John Dingell(D-Mich.)—and ask n9 provide for expanded regula- is"time...to bring consumer them to schedule hearings and a tion of the cable industry and limit anticompetitive • protection back to cable TV;' markup of cable legislation. practices will only succeed If you get involved.Follow- Lieberman introduced the Cable Copies of these bills can be Ing are a list of action steps. Consumer Protection Act of obtained by calling Leslie 1989(S.905),a bill which would Wollack in NLC's Office of Fed- ACTION STEPS repeal the rate deregulation pro- eral Relations at(202)626-3020. (1) Encourage your city or county council to pass a resolu- visions of the Cable Act,on May don In support of legislation to enhance competition In 3.Shays Introduced companion the video market,provide for the regulation of cable ser- ' legislation in the House on the vice rates,and impose limitations on concentration of I same day. ownership.Contact Robin Charleston at(312)324-2310 Sen.Christopher Dodd Urge members of your for a draft resolution. (D-Conn.)is a cosponsor of the Lieberman bill.Cosponsors of Congressional delega- (2) Send a copy of your resolution and a letter delineating the House companion measure tion to cosponsor the your community's cable problems to your U.S.Senators Include Reps.Thomas Downey following bills,with and Representatives,with copies to the chairs of the (0-N.Y.),Richard Neal(D-Mass.), appropriate House and Senate Committees(see follow- Frank Pallone(D-N.Y.),Charles copies to the sponsor Ing box). Wilson(D-Tex.),Major Owens of the bill and to the (3) Send descriptions of cable problems(e.g.,the dropping (D-N.Y.),Robert Mrazek(D-N.Y.) chair of the appropriate of services,channel shifting and retiering,customer ser- and Martin Lancaster(0-N.C.). vice difficulties,and signal quality)to Robin Charleston, The Lieberman-Shays bill committees and sub- 6900 S.Constance,Chicago,IL 60649. would terminate section 623 of committees. (4) Send basic service rate histories for your community to the Cable Act six months after Catharine Rice,National League of Cities,1301 enactment of his bill.(Section 'me Cable Television Subscriber Pennsylvania Ave.,N.W.,Washington,DC 20004. 623 limits state and local Protection Act*1 1989 authority over cable rates.)S.905 (Metzenbaum) would also allow states and This bili would authorize the cities to require a reduction or regulation of basic service rates change in cable rates after ser- unless 30 percent of multi- SENATE JUDICIARY COMMITTEE vices are added or dropped as channel customers in the corn- long as 60 days notice and a munity subscribe to service Joseph R.Blden Jr.(D-Del.)chair 'Strom Thurmond(R-S.C.), public hearing are provided.It Edward M.Kennedy(0-Mass.) ranking minority member would allow franchising authori- from another cable system or an Howard M.Metzenbaum(--Ohio) •Orrin G.Hatch(R-Utah) ties to deny the renewal of a alternative technology. 'Dennis DeConcini(D Ariz.) Alan K.Simpson(R-Wyo.) franchise or a transfer of system Senate: Patrick J.Leahy(D-Vt.) Charles E.Grassley(R•iowa) ownership because of the cable Bill number:S.833;Sponsors: Howell Heflin(D-Ala.) Men Specter(R-Pa.) operator's"extensive media Metzenbaum and Lieberman; 'Paul Simon(D•iii.) Gordon J.Humphrey(R-N.H.) Committee:Senate Committee 'Herbert Kohl(D Wla.) ownership." Additionally,S.905 would on Commerce,Science and 'member of the subcommittee on antitrust,monopolies and rights hts allow for state or local regula• Transportation g lion of cable systems as a corn- House: SENATE COMMITTEE ON COMMERCE, • mon carrier or utility.It would No bill SCIENCE,AND TRANSPORTATION require cable systems to carry ._.:r... local broadcast stations on the •Ernest F.Hollings(D-S.C.)chair John C.Danforth(R-Mo.) ` basic service tier in order to Competition In Cable Television *Daniel K.Inouye(D Hawaii) ranking minority member take advantage of the compul• Act of 1989(Metzenbaum) 'Wendell H.Ford(D-Ky.) *Bob Packwood(R-Ore.) sory copyright license.The This bill would: •J.James Exon(D-Neb.) 'Larry Pressler(R-S.D.) channel number assigned to a (1)limit the percentage of •Albert Gore,Jr.e ler(D- (D-n.) 'Ted Stevens(R-Alaska) . broadcast station would be the subscribers which can be J•ohn i Rockefeller IV)aW.Va) Bob Kasten i (Ft- ) Lloyd Bentsen(D-Tex.) John McCain(R•Ariz.) channel on which the broad- served by a single entity and 'John Kerry(0-Mass.) 'Conrad Burns(R-Mont.) caster was carried on July 19, related entities to 25 percent of *John B.Breaux(D•La.) 'Slade Gorton(R-Wash.) 1985,a number assigned by the the nation's cable subscribers; Richard H.Bryan(D-Nev.) Trent Lott(R-Miss.) FCC;or a number of the broad- and Charles S.Robb(0-Vs.) caster's choosing. (2)require that programming 'member of the subcommittee on communications owned by verticallyintegrated HOUSE ENERGY&COMMERCE COMMITTEE Action Steps cable companiesbem madeeavail- City officials who are inter- able to alternative technologies. 'John D.Dingell(D-Mich.),chair 'Norman F.Lent(R-N.Y.), ested in seeing congressional Senate: James H.Scheuer(D-N.Y.) ranking minority member action on these bills should con- Bill number:S.834;Sponsors: Henry A.Waxman(D Calif.) •Edward R.Madigan(R-III.) Metzenbaum,Lieberman and Philip R.Sharp(D-Ind.) *Carlos J.Moorhead(R-Calif.) tact members of their congres- James J.Florio(D-N.J.) 'Matthew J.Rinaldo(R-N.J.) clonal delegation and ask them Pressler;Committee:Senate *Edward J.Markey(D-Masa.) William E.Dannemeyar(R.Calit) to cosponsor these bills.(All Committee ori tire Judiciary Thomas A.Luken(D-Ohio) Bob Whittaker(R-Kan.) three bills generally reflect House: Doug Waigren(D-Pa.) *Tom Tauke(R•lowa) NLC's recently-adopted corn- No bill •Al Swift(D-Wash.) 'Don Ritter(R-Pa.) munications policy.) 'Mickey Leland(D-Tex.) 'Thomas J.Bliley Jr.(R•Va.) In the Senate,S.833 and S. 'Cardin Collins(D-Ill.) 'Jack Fields(R-Tex.) 905 have been referred to the Cable Consumer Protection Act 'Mike Synar(0.Okla.) *Michael G.Oxley(R-Ohio) Commerce,Science and Trans- of 1989(Lieberman-Shays) •W..J."Billy"Tauzin(D-La.) Howard C.Nielson(R-Utah) portation Committee.City offi• This bill would: ••Ron Wyden(D-Ore.) Michael Bllirakis(R-Fla.) cuts should write to the chair of (1)repeal rate deregulation; 'Ralph M.Hall(D Tex.) 'Dan Schaefer(R Colo.) (2)allow for the disapproval of 'Dennis E.Eckert(D-Ohio) Joe L Barton(R-Tex.) the communications subcom• a transfer or the denial of a 'Bill Richardson(D-N.M.) Sonny Callahan(R-Ala.) mittee—Sen.Daniel Inouye •Jim Slattery(0-Kan.) J.Alex McMillan(R-N.C.) renewal because of concerns ) fuI comm—and the chair oftheabout concentration of media Gerry Bryantl(0-Minn.) 'JimeLoBruc (Tenn. full committee—Sen.Ernest 'John (0-Tex.) Terry Bruce(D-III.) Hollings(D-S.C.)—and ask them ownership;and Jim Bates(D-Calif.) J.Roy Towland(0-Ga.) to schedule hearings and action (3)establish modified must- •Rick Boucher(D-Va.) Thomas J.Manton(D-N.Y.) on S.833 and S.905. carry and channel placement S.834 has been referred to rules for local broadcast sta- *member of the subcommittee on telecommunications and finance the Senate Judiciary Committee. tions. . City officials should write to the Senate: Any member of Congress can be reached by calling the Capitol chair of the subcommittee— Bill number.S.905;Sponsors: switchboard at(20Z 224.3121. Metzenbaum—and the chair of Lieberman and Dodd;Commit- Members of the Senate can be reached by writing: the full committee—Sen. tee:Senate Committee on Com- Sen.(name) Joseph Biden(D.-Del.)—and ask merce,Science and Transports• U.S.Senate • them to schedule action on S.834 tion Washington DC 20510 (a hearing was held on April 12). House: Members of the House of Representatives can be reached by In the House,H.R.2222 has Bill number:H.R.2222;Spon- writing: been referred to the House sors:Shays,Downey,Neal, Rep.(name) Energy and Commerce Commit- Pallone,Wilson,Owens,and U.S.House of Representatives tee for action.City officials Mrazek;Committee:House Washington,DC 20515 should write the chair of the Committee on Energy and Com- subcommittee on telecommuni- merce r PROCLAMATION • CITY OF MOUNDS VIEW PROCLAIMING THE WEEK OF MAY 14-18, 1990 AS PINEWOOD SCHOOL STAFF AND TEACHER APPRECIATION WEEK WHEREAS, a strong effective system of free public school education for all children and youth is essential to our democratic system of government; and WHEREAS, the United States has made considerable progress in the social, technological and scientific fields due to our system of free and universal public education; and WHEREAS, much of this progress can be attributed to the qualified and dedicated teachers and staff entrusted with the educational development of our children to their full potential; and WHEREAS, these school personnel should be accorded high public esteem reflecting the value the community places on public education; and WHEREAS, it is appropriate that these teachers and staff be students. NOW, THEREFORE, BE IT RESOLVED that I, SueHankner, Mayor of the City of Mounds View do hereby proclaim the week of May 14 - 18, 1990 as TEACHER AND STAFF APPRECIATION WEEK IN THE CITY OF MOUNDS VIEW. Sue Hankner, Mayor • • TO: Mayor & Council 0 FROM: Don Brager, Finance Director-Treasurer DATE: April 10, 1990 SUBJECT: DESIGNATIONS OF RETAINED EARNINGS OF THE WATER AND SEWER FUND The Water and Sewer Systems Maintenance and Capital Improvements Program provides a multi-year program of maintenance activities and capital improvements. Costs of each year's projects vary greatly. To minimize the impact on annual budgets, the Program provides for the following approach to finance these projects: 1) An annual maintenance allowance is budgeted in the Water and Sewer Funds 2) Any unused portion of the budgeted maintenance allowance is designated as a Reserve for Future Maintenance and Capital Improvement Projects 3) When projects exceed the annual maintenance allowance, money from the reserve is used to finance the project • During 1988 and 1989, Water Fund maintenance activities used only $11,697 of the maintenance allowance of $89,416 budgeted leaving an unexpended balance of $77,719 . Resolution No. 3027 designates Water Fund retained earnings of $77,719 as a Reserve For Future Maintenance and Capital Improvement Projects. The total amount in the Reserve after this designation will be $135,559. During 1988 and 1989 none of the Sewer Fund budgeted maintenance allowance of $66,374 was used for projects . Resolution No. 3026 designates Sewer Fund retained earnings of $66,374 as a Reserve For Future Maintenance and Capital Improvement Projects. The total amount in the Reserve after this designation will be $193,523. Water and sewer main breaks can be very costly depending upon the nature of the break and the depth and location of the main. To minimize the impact of a break upon the annual budget a Reserve For Water Main Breaks was established in the Water Fund and a Reserve For Sewer Main Breaks was established in the Sewer Fund. These Reserves are funded by designating the unused portion of each year's budgeted Contingency. Unused Contingency for 1988 and 1989 total $24,823 for the Water Fund and $27,408 for the Sewer Fund. Resolution No. 3025 designates these amounts as a Reserve For Main Breaks. After these designations the Water Fund's Reserve For Main Breaks will • total $97,261 and the Sewer Fund's Reserve will total $74,851. APRIL 10, 1990 • PAGE TWO OF TWO 411 RECOMMENDATION: 1) ADOPT RESOLUTION NO. 3027, A RESOLUTION DESIGNATING RETAINED EARNINGS OF THE WATER FUND AS A RESERVE FOR FUTURE MAINTENANCE AND CAPITAL IMPROVEMENTS 2) ADOPT RESOLUTION NO. 3026, A RESOLUTION DESIGNATING RETAINED EARNINGS OF THE SEWER FUND AS A RESERVE FOR FUTURE MAINTENANCE AND CAPITAL IMPROVEMENTS 3) ADOPT RESOLUTION NO. 3025, A RESOLUTION DESIGNATING RETAINED EARNINGS OF THE WATER AND SEWER FUNDS AS RESERVES FOR WATER AND SEWER MAIN BREAKS DB/DSP Attachments • RESOLUTION NO. 3027 O CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Pursuant to due call and notice thereof, a meeting of the Council of the City of Mounds View, Minnesota was held at City Hall on April 23, 1990 with the following members present: and the following members absent: Member introduced the following resolution and moved its adoption: A RESOLUTION DESIGNATING RETAINED EARNINGS OF THE WATER FUND AS A RESERVE FOR FUTURE MAINTENANCE AND CAPITAL IMPROVEMENT PROJECTS WHEREAS, the 1988 and 1989 Water Budgets provided $89,416 for projects contained in the 1983 Water and Sewer Systems Maintenance and Capital Improvement Program; and WHEREAS, on December 31, 1989 there remained a balance of • $77,719 available for Water Fund projects; and WHEREAS, it is the desire of the Council to make those monies available for future maintenance and capital improvement projects; NOW, THEREFORE BE IT RESOLVED by the Council that an additional $77,719 of retained earnings of the Water Fund is hereby designated as a Reserve For Future Maintenance and Capital Improvement Projects and affirms that as a consequence of this designation the total amount so designated is now $135,559 . by Member and upon a vote being taken, Ayes Nays, said resolution was declared duly passed and adopted this 23rd day of April, 1990 . ATTEST: Mayor (SEAL) • Clerk-Administrator I RESOLUTION NO. 3026 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY M STATE OF MINNESOTA Pursuant to due call and notice thereof, a meeting of the Council of the City of Mounds View, Minnesota was held at City Hall on April 23, 1990 with the following members present: and the following members absent: Member introduced the following resolution and moved its adoption: A RESOLUTION DESIGNATING RETAINED EARNINGS OF THE SEWER FUND AS A RESERVE FOR FUTURE MAINTENANCE AND CAPITAL IMPROVEMENT PROJECTS WHEREAS, the 1988 and 1989 Sewer Budgets provided $66,374 for projects contained in the 1983 Water and Sewer Systems Maintenance and Capital Improvement Program; and WHEREAS, on December 31, 1989 there remained a balance of • $66,374 available for Sewer Fund projects; and WHEREAS, it is the desire of the Council to make those monies available for future maintenance and capital improvement projects; NOW, THEREFORE BE IT RESOLVED by the Council that an additional $66,374 of retained earnings of the Sewer Fund is hereby designated as a Reserve For Future Maintenance and Capital Improvement Projects and affirms that as a consequence of this designation the total amount so designated is now $193,523. The motion for adoption of the above resolution was duly seconded by Member and upon a vote being taken, Ayes Nays, said resolution was declared duly passed and adopted this 23rd day of April, 1990 . ATTEST: Mayor (SEAL) Clerk-Administrator • RESOLUTION NO. 3025 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Pursuant to due call and notice thereof, a meeting of the Council of the City of Mounds View, Minnesota was held at City Hall on April 23, 1990 with the following members present: and the following members absent: Member introduced the following resolution and moved its adoption: A RESOLUTION DESIGNATING RETAINED EARNINGS OF THE WATER AND SEWER FUNDS AS RESERVES FOR WATER AND SEWER MAIN BREAKS WHEREAS, $15,000 was budgeted as contingency for water main breaks in 1988 and 1989 and $15,000 was budgeted as contingency • for sewer main breaks in 1988 and 1989; and WHEREAS, on December 31, 1988 there existed a budget balance of $12,415 for water main breaks and there existed a budget balance of $15,000 for sewer main breaks; and WHEREAS, on December 31, 1989 there existed a budget balance of $12,408 for water main breaks and there existed a budget balance of $12,408 for sewer main breaks; WHEREAS, it is the desire of the Council to maintain reserves for water and sewer main breaks; NOW, THEREFORE BE IT RESOLVED by the Council that $24,823 of retained earnings of the Water Fund is hereby designated as a Reserve For Water Main Breaks and the Council affirms that as a consequence of this designation the total amount so designated is $97,261 and that $27,408 of retained earnings of the Sewer Fund is hereby designated as a Reserve For Sewer Main Breaks and the Council affirms that as a consequence of this designation the total amount so designated is $74,851. • r RESOLUTION NO. 3025 • PAGE TWO OF TWO The motion for adoption of the above resolution was duly seconded by Member and upon a vote being taken, Ayes Nays, said resolution was declared duly passed and adopted this 23rd day of April, 1990. ATTEST: Mayor (SEAL) Clerk-Administrator • • 10: i-Ii- YUR x LiTY COUNCIL FAUL '•� / tom �;{ - / •OM: CLERK-ADMINISTRATOR ��=1j�,` APRIL 11 1990 , SUBJECT : COMPREHENSIVE LAND USE PLAN UPDATE Attached please find a memorandum from City Planner Michelle Hren regarding the current status of the Comp Plan update. Please note that the current moratorium expires on June 3rd and that the draft of the update will not be before the Planning Commission or City Council before the first of May . As outlined in Michelle s memo, the Council has two options. The first is to extend the moratorium for an additional period , you can extend it for up to an additonal 6 months . The second option is to rezone those properties where you and/or the Planning Commission feels the City faces the greatest risk and are intended to be rezoned as part of the Comp Plan update. Staff requests your direction . 411 S MEMORANDUM .111 TO: Clerk/ Administrator, Don Pauley • FROM: City Planner, Michelle Hren DATE: April 11, 1990 SUBJECT: Comprehensive Plan Update The Highway 10 Moratorium was adopted on April 24, 1989 and became effective 30 days after publication. The Ordinance was published on May 3, 1989 and will expire on June 3, 1990. To date approximately half of the Plan is rewritten although it is not all typed. The revised graphics for the Planning Districts have been completed and are subject to revisions. Most of the Inventory maps have also been completed and are also subject to review. I expect that the Plan will be mostly completed by the first411 part of May and we can begin our joint meetings again. The Moratorium Ordinance allows for an extension of the moratorium for a reasonable period of time. If the Council desired to extend it 3 months I believe that would be enough time including the Public Hearings to finalize the Plan. Otherwise the Council could initiate a rezoning of the parcels that have been a concern to the City, namely the K-Gas site and lift the Moratorium when it expires in June. From the records that were given to me this particular site was the one most discussed. i y /,, j, /5 ' • MEMO TO: MAYOR AND CITY COUNCIL • FROM: CLERK-ADMINISTRATO 12) DATE: MARCH 22, 1990 SUBJECT: MUNICIPAL CODE CHAPTERS 1 AND 2 REVIEW I have reviewed Municipal Code Chapter 1 entitled, "General Provisions of Code" and Chapter 2 entitled, "Council" as part of our 1990 Code Review required by the Home Rule Charter. Attached are copies of these chapters for your information with revisions that I have proposed. Except for some simple editing needed in each of these chapters to correct typo- graphical or grammatical errors, the only changes I am proposing are to Chapter 1, 1. 11, Subdivision 8 . I would propose that the reference to Chapter 108 entitled, "Dance Halls " be removed due to the fact that that chapter has been abolished by the recent Council action. I would also recommend that Chapter 64 be revised to reflect a new title being proposed by City staff for the former "Civil Defense Code" . We would recommend that this be renamed "Emergency Services" to be consistent with State and Federal • efforts to redirect their emergency services away from a pure civil defense mode to one reflecting emergency services at all levels . Your direction on these two Chapters would be appreciated. DFP/mjs • r ; 1.01 CHAPTER 1 • GENERAL PROVISIONS OF THE CODE 1.01. THE MUNICIPAL CODE. This Code of Ordinances shall be known as the Municipal Code of Mounds View, Minnesota. References throughout this instrument to the "Code" or "this Code" shall always be interpreted to mean the Mounds View Municipal Code. 1 . 02 . ADOPTION OF CODE. This Code shall be adopted as a single, original and comprehensive Ordinance to be known as the Municipal Code of Mounds View, and shall become operative and effective upon adoption by Ordinance which shall be published in the legal newspaper for two consecutive weeks, stating that printed copes of the Code are available at the Municipal Office for general distribution. 1 . 03 . AMENDMENTS AND ADDITIONS. All amendments or additions to this Code shall be incorporated into the Code as of their effective date. Reference or citation to the Code shall always include such amendments and additions . 1. 04 . PURPOSE AND SCOPE OF CODE; PUBLICATION AND • COPIES. The codification of the Ordinances of the municipality contained in this instrument have been made pursuant to Minnesota Statutes . This Code is a new enactment and is intended to be a complete and current Ordinance Code and not only a compilation of existing Ordinances . After adoption an official copy of the Code shall be maintained at all times by the Clerk and sufficient additional copies shall also be available at the Municipal Hall either for inspection by the public or for distribution at a reasonable charge. 1. 05 . RULES OF CONSTRUCTION. Subdivision 1. General. When interpreting this Code, the following rules of construction shall be applied except where the application of any rule of construction would result in an interpretation clearly contrary to the plain intent of a provision or of any section or chapter in which a given provision appears. The rules are as follows: ( 1) Common Usage. All words and phrases used in this Code shall be interpreted and understood in accordance with common and acceptable usage, but any technical words and phrases, or such others which have acquired a specific or peculiar meaning, shall be interpreted and understood in accordance with such technical, specific or peculiar meaning. • 111 1.06 • (2) Gender--Singular and Plural . Every word in this Code expressing the masculine gender shall extend to and be applied to females as well as males; and every word expressing the plural number shall extend and be applied to one person or thing as well as to several persons or things . ( 3) Tenses . The use of any verb in the present tense shall include the future when applicable, and the use of any verb in the future tense shall include the present when applicable. (4) Heretofore and Hereafter. Whenever the word "heretofore" occurs in any section of the Code, it shall be construed to mean any time previous to the day when the Code became effective, or if contained in a provision adopted after that date it shall be construed to mean the date when said provision took effect; and whenever the word "hereafter" occurs it shall be construed to mean the time after the provision containing such word takes effect. (5) Title Headings; Cross-Reference. All chapter, section, subdivision and paragraph headings and titles shall not be considered a part of the subject matter of this Code but are intended for convenience only and not necessarily as comprehensive • titles . Cross-reference material, similarly, shall not be considered a part of the substance of this Code, but is included to expedite and simplify the use of the Code. Subdivision 2 . Additional Rules -- Minnesota Statutory Rules of Construction. In addition to the rules of construction contained in Subdivision 1 of this section, the rules and canons of construction, presumptions and miscellaneous provisions pertaining to construction contained in Minnesota Statutes Chapter 645 governing statutory construction are hereby adopted by reference and made a part hereof as if fully set forth herein. All references contained in these statutory provisions to laws and - . - - - - - . - - . . : _ * U . - • : of this Code and all references to the Legislature shall be construed to apply to the Municipal Council or appropriate governing body. Subdivision 3 . Final Authority. If, upon application of the rules and interpretive guides contained in this section, further questions remain, all words in this Code shall have the same meanings as ascribed to them in the Minnesota Statutes . 1.06 . DEFINITIONS . Subdivision 1. General References . The following terms shall have the meanings ascribed to them in this section: • ( 1) "Municipality" - City of Mounds View. 1.07 (2) "County" - County of Ramsey • (3) "State" - State of Minnesota (4) "Council" - Mounds View Municipal Council. (5) "Clerk-Administrator" - Municipal Clerk- Administrator (6) "Treasurer" - Municipal Treasurer. (7) "Person" - Any natural individual, firm, partnership, trust, estate, club, association, or corporation. As applied to partnerships or associations, the term includes the partners or members thereof; as applied to corporations the term includes the officers, agents, or employees thereof. (8) "Minnesota Statutes" - All of the statutory law of the State of Minnesota embodied in the latest official publication of the Minnesota Statutes including all Session Laws and amendments and additions thereto. 1. 07. CONFLICTING SECTIONS. In all cases where various provisions or sections of this Code, whether fully set • forth herein or adopted by reference, conflict, or where in any case there arises a question concerning the application of a provision or section of the Code, the following rules shall apply: ( 1) If the provisions of different sections or chapters of the Code conflict with or contravene each other, the provisions of each section and each chapter shall prevail as to all matters growing out of the subject matter of such chapter. (2) If conflicting provisions are found in different sections of the same chapter, the provisions of the section which is last in numerical order shall prevail unless such construction is inconsistent with the meaning of the chapter. (3) If one of the conflicting provisions has been adopted by reference and the other provision fully set forth in this Code, the provisions or section fully set forth in this Code shall control. (4) If a provision of some code or material adopted by reference in this Code conflicts with a provision of some other code or material adopted by reference, the following rules shall govern: (a) If either of the sources adopted by reference is statutory, the statutory provision shall control . • 411 1. 07 • (b) If both of the sources adopted by reference are non- statutory, the provision drawn from the code or material most closely related to the chapter of this Code which is sought to be applied shall control. (5) If a provision or section of this Code conflicts with a provision or section of the Home Rule Charter, the Home Rule Charter shall prevail. 1.08 REPEAL OF ORDINANCES. All Ordinances of the Municipality heretofore adopted are repealed. 1.09 EXISTING RIGHTS AND LIABILITIES. The disposition by repeal of heretofore existing Ordinances of this Municipality and the new enactment of the provisions of this Code have been effectuated in compliance with the laws of the State of Minnesota. The procedures implemented are not to be construed so as to alter, diminish, increase or in any other manner affect rights and liabilities existing at the time of the repeal of heretofore existing Ordinances and the amendment of this Code. The provisions of this Code, insofar as they are the same in substance as those of heretofore existing ordinances, are essentially but not actually continuations of such Ordinances . Therefore, any acts done, offense committed, or rights accruing or accrued, or • liability, penalty, forfeiture, or punishment incurred or assessed prior tot he effective date of this Code is not affected by the enactment of this Code. 1. 10 ORDINANCES PREVIOUSLY REPEALED NOT RE-ENACTED. No Ordinance or part of any Ordinance heretofore repealed shall be considered reordained or re-enacted by virtue of the enactment of this Code unless specifically re-enacted. The repeal of any curative or validating Ordinance shall not impair or affect any cure or validation already affected thereby. 1 . 11 PENALTIES, ENFORCEMENT. Subdivision 1. Misdemeanors . Unless another penalty is expressly provided in this Code, and except for the provisions of Subdivision 2 hereafter, any person violating any provisions of this Code, or any rule or regulation adopted or issued in pursuance thereof, or any provision of any Code adopted herein by reference, shall upon conviction, be punished by a fine of not more than $700 . 00, or by imprisonment for not more than 90 days, or both. ( 168,268) Subdivision 2 . Petty Misdemeanors . Any person convicted of a petty misdemeanor shall be subject to a fine of not more than $100 . 00 . • 1. 11 • Subdivision 3 . Administrative Offenses . AnyP erson • violating an administrative rule shall be subject to the scheduled penalty not to exceed $100 .00 for each offense. Subdivision 4 . Separate Violations . Unless otherwise provided, each act of violation and every day upon which a violation occurs or continues constitutes a separate offense. Subdivision 5 . App±i-abi-lity. -The- penalties provided by this section or any section of this Code applies to the amendment of any section of this Code or any Code adopted herein by reference to which the penalty relates, whether or not such penalty is re-enacted in the amendatory provision, unless otherwise provided in the amendment. Subdivision 6 . Reference to Sections . Reference to any sections of this Code shall be understood also to refer to and include the penalty section relating thereto, unless otherwise expressly provided. Subdivision 7 . Failure of Officers to Perform Duties . The failure of any officer or employee of the Municipality to perform any official duty imposed by this Code shall not subject • such officer or employee to the penalty imposed for violation of this Code, unless a penalty is specifically provided for such conduct or omission. Subdivision 8. Non-Peace Officer Citations or Administrative Offenses . Non-peace officer employees that are specifically authorized herein may issue citations or Administrative Offenses as authorized pursuant to the following chapters of this Code: Chapter 39; Signs and Billboards: City Planner Chapter 40; Zoning: City Planner Chapter 42; Subdivision Regulations: City Planner Chapter 44; Streets, Driveways : Building Official Chapter 45; Relocation of Buildings Building Official Chapter 47; House & Building Numbers Community Service Officer Chapter 48; Wetland Zoning: City Engineer, City Planner . 1. 11 • Chapter 49; Flood Plain Zoning: City Engineer, City Planner Chapter 49A; Surface Water Drainage City Engineer Management & Development Control Chapter 58; Swimming Pools: Building Official Chapter 59; Building Permits and Building Official, Fees Electrical Inspector Chapter 60; Building Code and License Fees: Building Official Chapter 61; Plumbing Code: Building Official Chapter 62; Electrical Code: Electrical Inspector, Building Official Chapter 64; Emergency Services Emergency Services Director • Chapter 70; Municipal Water System: Building Official, Public Works Director/ City Engineer, Finance Director Chapter 71; Municipal Sanitary Sewer: Building Official, P ublic Works D irector / City Engineer, Finance Director Chapter 75; Gas Franchise: Clerk-Administrator Chapter 76; Electric Franchise: Clerk-Administrator Chapter 81; Parking: Community Service Officer Chapter 90; Nuisance: Community Service Officer Chapter 91; Animals: Community Service Officer Chapter 92; Tree Disease: Forester • Chapter 100; Intoxicating Liquor: Clerk-Administrator 1. 11 Chapter 101; Non-Intoxicating Liquor: Clerk-Administrator • Chapter 104; Garbage and Rubbish: Clerk-Administrator Chapter 106; Gasoline Stations : Clerk-Administrator Chapter 109; New and Used Cars : Clerk-Administrator Chapter 113; Recuperative Homes or City Planner "Half Way Houses" : Chapter 114; Mechanical Amusement Devices and Amuse- ment Centers: Clerk-Administrator Chapter 115; Bowling Alleys: Clerk-Administrator Chapter 116; Itinerant Amusement Rides, Carnivals, Circuses: Clerk-Administrator Chapter 400; Administrative Offenses: As set forth in Chapter 400 In the event that a non-peace officer employee position • is vacant, the Clerk-Administrator or his designee is authorized to issue citations as provided in Subdivision 8 . 1. 12 CODES, STATUTES AND ORDINANCES ADOPTED BY REFERENCE - FILING. Pursuant to Minnesota Statutes 471. 62, various codes, statutes, and ordinances are adopted by reference in this Code. In all cases where codes, statutes and ordinances have been adopted by reference, three (3) copies of such codes, statutes, or ordinances shall be marked as official copies and maintained on file with the Municipal Clerk. These copies are available for public inspection. 1. 13 SEVERABILITY OF PROVISIONS. If any provision in this Code or in any code, statute or ordinance adopted by reference in this Code is found to be unconstitutional or invalid for any reason, the remaining provisions of this Code shall remain valid, unless the valid provisions of the law are so essentially and inseparably connected with, and so dependent upon, the void provisions that it cannot be reasonably presumed that the Council would have enacted the remaining provisions without the invalid one, or unless it appears that the remaining provisions are incomplete and are incapable of being executed in accordance with the intention of the Council. Revised 4/90 • CHAPTER 2 • COUNCIL • 2. 01. REGULAR MEETING. Regular meetings of the Council shall be held on the second and fourth Mondays of each month at 7 : 00 a'=lock• p.m. at the Municipal Hall. If any such Monday is a legal holiday or Christmas or New Year's Eve, the meeting will be cancelled or held on another date and time as established by Council action. 2. 02 . SPECIAL MEETING. Special meetings may be called by the Mayor or by any two members of the Council by a written notice filed i�hmeand the lednrwho shall notify members of theplace ofmeeting atleastone ( 1 ) day before the meeting. 2. 03. AGENDA MEETINGS. Agenda meetings of the Council may be held on the first and third Mondays of each month at 7:00 p.m. at the Municipal Hall. The purpose of this meeting is to discuss and prepare the agenda for the regular meeting following. An agenda meeting may be called to order and the regular business of the Council can be conducted if the Mayor and four Councilmembers are present at said meeting. 2. 04 . ORDER OF BUSINESS. At the hour appointed for the meeting, the members shall be called to order by the Mayor or, in • his absence, by the Acting Mayor. The Clerk-Administrator shall call the roll and note the absentees. If a quorum is present, the Council shall then proceed with its business in the order established by resolution of the Council. 2. 05. MINUTES. Subdivision 1. Approval of Minutes. The Clerk-Admin- istrator shall provide a printed copy of the minutes of each meeting to each Councilmember. Amendments or corrections proposed by any member of the Council shall be made by the Clerk-Administrator, but no amendments to which objection is raised by any Councilmember shall be made without the approval of a majority of the Council. Subdivision 2. General Contents of Minutes. The Clerk- Administrator shall record all material matters considered by the Council in the minutes. Ordinances, resolutions, communications, and claims considered by the Council need not be recorded in full in the minutes if they appear in other permanent records of the Clerk-Administrator and can be accurately identified from the description given in the minutes. The Council may in its discretion direct than any one of the above be fully set out in the minutes . 1111 2. 06 2. 06 ORDINANCES AND RESOLUTIONS. Subdivision 1. Preparation and Introduction. All • legislation of the Municipality shall be by ordinance. Ordinances, resolutions, and other matters requiring Council action shall be prepared at the direction of the Council, provided, however, that the Clerk-Administrator or Attorney may present ordinances, resolutions and other matters for consideration. Subdivision 2. Enactment of Ordinances and Amendments. Every ordinance and amendment of an ordinance shall be enacted by a majority vote of all of the members of the Council except where a larger number is required by law. It shall be signed by the Mayor or in his absence by the Acting Mayor, attested by the Clerk-Administrator and published once in the legal newspaper. Proof of the publication shall be attached toand filed with the Ordinance Book within 30 days after its publication. All ordinances shall be suitably entitled to clearly express its subject. Subdivision 3. Emergency Ordinances. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare in which ordinance the emergency is defined and declared in a preamble thereto. An emergency ordinance must be approved 410by a majority of available members of the City Council. An emergency ordinance must be in writing but may be enacted without previous filing or voting, and may be adopted finally at the meeting at which it is first introduced and voted upon by the Council . An emergency ordinance shall remain in effect for the duration of the emergency. No prosecution shall be based upon the provisions of an emergency ordinance until 24 hours after the ordinance has been adopted, filed with the Clerk-Administrator, and has either been posted in three (3 ) conspicuous places in the City, or published as provided for by the Home Rule Charter, or the person charged with violation thereof had actual notice of the ordinance prior to the act or omission resulting in the prosecution. 2. 07 2 . 07. RULES OF ORDER. Subdivision 1 . Presiding Officer. The Mayor, or in his absence, the Acting Mayor, shall preside at Council meetings, preserve order and decorum, and decide questions of order. The Mayor 's duties under this subdivision shall be in addition to his duties, rights and privileges as a Councilmember. Subdivision 2. Special Rules. The following special • rules shall be applied : • 2. 07 (1) A member may be excused from voting in the case of conflict of interest on a matter before the Council only with the • unanimous consent of the other members present. (2 ) A motion before the Council shall be reduced to !II writing by the Clerk-Administrator at the request of any Council- member . (3 ) Such other special rules may be adopted and included in this subdivision as the Council from time to time deems necessary. Subdivision 3 . General Rules. In all other matters of parliamentary procedure, the Council shall be governed by the latest printed edition of "Robert ' s Rules of Order" . Subdivision 4. Suspension of Rules. The operation and effect of any rule established or followed pursuant to this section may be suspended upon the unanimous vote of the Council . 2.08. ATTENDANCE AT COUNCIL MEETINGS . The attendance at council meetings of each member of the Council is deemed to be one of the most important duties imposed by law upon him. His presence to participate in the hearings, deliberations and decisions of the Council is essential to the proper discharge of his official duties. Recognizing that it is not always possible for each member of the Council to be present at all meetings, and that by reason of business demands, state of health, personal • problems, vacations and other matters occasional absences are excusable, the Council may compel the attendance of members and punish non-attendance by resolution adopted by a majority. A vacancy in the Council, whether it be in the office of Mayor or Councilmember, shall be deemed to exist by reason of the failure of any member of the Council without good cause to attend Council meetings for a period of three consecutive months. 2.09. COMPENSATION OF MAYOR AND COUNCIL. Subdivision 1 . Mayor ' s Compensation. The salary of the Mayor is fixed at $3, 600.00 per year . Subdivision 2. Councilmembers ' Salaries. The salary of the Councilmembers is fixed at $3, 300. 00 per year. Subdivision 3. Method of Payment . Said compensation shall be paid monthly. (147) (195 ) 2. 10. GENERAL POWERS . Subdivision 1 . Composition of Council. The Council shall consist of the Mayor and four Councilmembers . Three members shall constitute a quorum although a smaller • number may adjourn from time to time. 2. 10 Subidivison 2. Special Powers. The Council may preserve order at its meetings, and shall be the judge of the election and qualification of its members. The Council shall have power to regulate its own procedure. Every current contract, conveyance, 111 license or other written instrument shall be executed on behalf of the Municipality by the Mayor and Clerk-Administrator, with the corporate seal affixed, and only pursuant to authority from the Council. 2. 11. ACTING MAYOR. At its first meeting each year the Council shall choose an Acting Mayor from the Councilmembers. He shall perform the duties of Mayor during the disability or absence of the Mayor from the Municipality or, in the case of vacancy in the office of Mayor, until a successor has been elected or appointed and qualifies. 2. 12. APPOINTMENT OF OFFICERS, EMPLOYEES AND AGENTS. The Council may appoint such officers, employees and agents for the Municipality as may be deemed necessary for the proper management and operation of municipal affairs. The Council may prescribe the duties and fix the compensation of all officers, both appointive and elective, employees and agents, when not otherwise prescribed by law. The Council may, except as otherwise provided, remove any appointive officer or employee when in its judgement the public welfare will be promoted by the removal . Such power of removal is subject to veteran 's preference and civil service laws that may be applicable. • 2. 13 . OFFICIAL NEWSPAPER. At its first meeting each year the Council shall designate the Official Newspaper which shall be the legal newspaper for the municipality. 2. 14 DEPOSITORY. At its first meeting each year, the Council shall designate the depository for the municipal funds. 2. 15 CONFLICT OF INTEREST. Any officer, employee or agent appointed by the Council pursuant to Chapter 2. 12, and any member of a committee or commission who has been appointed by the Council or Mayor, who in the discharge of his duties would be required to take an action or make a decision which in any way would affect his financial interests or those of a business with which he is associated shall take the following actions : ( 1 ) Disclose to the Council or to the chairperson and other members of the commission of which he is a member, his participation in the matter prior to the time the matter is considered by the Council, committee or commission. ( 2 ) Remove himself in a manner prescribed by the Council or the chairperson of the committee or commission of which is a member, from any consideration or influence over the action and decision in question. 2. 15 (3 ) Not appear before the Council or the committee or commission of which he is a member on his own behalf or as a representative for any other person, firm, corporation, partnership or association operated either for profit or non- profit. Any officer, employee, agent, or member of a committee or commission who intentionally violates the provisions of this section can be removed as an officer, employee, agent or member of a committee or commission by majority action of the entire City Council after a hearing held by the Council pursuant to written charges and at least ten days personal notice, or in the event the individual cannot be served after due diligence, by ten days published notice, or both. ( 237) • • • - MEMO TO: MAYOR AND CITY COUNCIL 411 FROM: CLERK-ADMINISTRATO' 404110 DATE: APRIL 10, 1990 SUBJECT: MUNICIPAL CODE CHAPTERS 4, 5 AND 6 REVIEW I have reviewed Municipal Code Chapters 4, 5 and 6 pursuant to the schedule approved by the City Council for the 1990 Municipal Code Review Program. Attached for your information are revised copies of these chapters with the following proposed changes . Chapter 4 - I would recommend that the Subdivisions 1 through 13 be revised and renumbered to be consistent with State Statutes on this matter. I would also recommend that Section 4.03 Absentee Ballot Precinct be deleted as the City of Mounds View has not and staff does not anticipate that we would use an absentee ballot precinct in the future for conducting elections in the City. Chapter 5 - I would propose no changes to the Administration 410 Chapter of the Municipal Code. Chapter 6 - Personnel - I would recommend that any references to a forty hour work week or any work week in particular be deleted and that reference be made to an 80 hour pay period to allow for the modification in office hours currently in place. There are no other changes to this chapter that I would recommend at this time. DFP\mjs DFP/mjs S 4. 01 . CHAPTER 4111 ELECTIONS 4.01. ADOPTION BY REFERENCE. The following Minnesota Statutes are hereby adopted by reference. Subdivision 1. 200 . 00 General provisions, definitions Subdivision 2 . 201.00 Registration and Eligibility of Voters Subdivision 3 . 202A. 00 Caucuses and Conventions Subdivision 4. 203B. 00 Absentee Voting Subdivision 5 . 204B. 00 Elections; General Provisions Subdivision 6 . 204C. 00 Election Day Activities Subdivision 7 . 1204D.00 Particular Elections Subdivision 8 . 205. 00 Municipal Elections Subdivision 9 . 206.00 Voting Machines 110 Subdivision 10. 207A.00 Presidential Primary Subdivision 11. 209 .00 Election Contests Subdivision 12 . 211A. 00 Campaign Financial Reports Subdivision 13 . 211B. 00 Fair Campaign Practices 4 .02 Subdivision 1. Date of Election. Notwithstanding any other provision in Chapter 4 to the contrary, regular city elections shall be held biannually on the first Tuesday after the first Monday in November in even numbered years . Subdivision 2 . Terms and Transition. Two councilmembers shall be elected for four year terms at each biannual election commencing in 1974 . Two councilmembers shall be elected for a four year term at the 1974 election. The Mayor shall be elected for a two year term at each such election commencing in 1976 . (218) Revised April, 1990 • 5.01 • CHAPTER 5 ADMINISTRATION 5 . 01. TREASURER. The Treasurer shall receive and safely keep all money belonging to the Municipality, and shall promptly enter in a book provided for the purpose an account of all monies received and disbursed by him as Treasurer, showing the source and objects thereof with the date of each transaction. The Treasurer shall pay out money only upon the written order of the Mayor and Clerk-Administrator, or such other officers of independent boards or commissions as are authorized to issue orders in the case of board or commission operations. Such orders when paid and cancelled he shall retain as his vouchers . Such accounts and vouchers shall be exhibited to the Council upon its request. He shall deliver to his successor all books, papers and money belonging to the Municipality. The Treasurer shall immediately after the close of the calendar year make out and file with the Clerk-Administrator for public inspection a report of his balances, receipts and disbursements by funds for the year. The Treasurer may, with the consent of the Council, appoint a deputy treasurer for whose acts he shall be responsible and whom he may remove at pleasure. In case of the Treasurer's absence from the Municipality • or disability, the Council may appoint a deputy treasurer, if there is none, to serve during such absence or disability. The deputy may discharge any of the duties of the Treasurer. (412 . 141) 5 . 02 . CLERK-ADMINISTRATOR. Subdivision 1. The duties of the Clerk-Administrator of the Municipality shall include the duties of the clerk in a statutory city. The Clerk-Administrator shall give the required notice of each regular and special election, record the proceedings thereof, notify officials of their election or appointment to office, certify to the County Auditory all appointments and the results of all Municipal elections . He shall keep: ( 1) A minute book, noting therein all proceedings of the Council; (2) An ordinance book, in which he/she shall record in their entirety all ordinances passed by the Council. (3) An account book, in which he/she shall enter all money transactions of the Municipality, including the dates and amounts of all receipts and the person from whom the money was received and all orders drawn upon the Treasurer with their payee and object. 5. 02 (4) Ordinances, resolutions and claims considered by the111 Council need not be given in full in the minute book if they appear in other permanent records of the Clerk-Administrator and can be accurately identified from the description given in the minutes . The Clerk-Administrator shall act as the clerk and bookkeeper of the Municipality, shall be the custodian of, its seal and records, shall sign its official papers, shall post and publish such notices, ordinances and resolutions as may be required and shall perform such other appropriate duties as may be imposed upon him by the Council. For certified copies and for filing and entering, when required, papers not relating to Municipal business, he shall receive the fees allowed by law to town clerks; but the Council may require the clerk to pay such fees to the Municipal Treasury. With the consent of the Council, he/she may appoint a deputy for whose acts he shall be responsible and whom he/she may remove at pleasure. In case of the Clerk-Administrator's absence from the Municipality or disability, the Council may appoint a deputy Clerk- Administrator if there is none, to serve during such absence or disability. The deputy may discharge any of the duties of the Clerk-Administrator. Subdivision 2 . Other Duties . ( 1) Supervise the administration as provided by the • Charter and Council action. (2) Prepare reports and summaries relating to contemplated municipal projects and/or improvements and submit them with recommendations, as may be required, to the Council for study and subsequent action. (3) Prepare an annual fiscal budget and capital improvement plan for submission to the Council. Maintain financial guidelines for the Municipality within the scope of the approved budget and capital program. (4) Prepare the annual financial statement and such other statements that are required by statute. (5) Attend all council meetings and provide input to the Council . Attend at his/her discretion, or by invitation, other committee and commission meetings . ( 6) Supervise municipal employees, programs, and activities unless otherwise directed by the Council. (7) Submit periodic reports to the Council on the financial condition of the Municipal accounts . ( 8) Supervise the conduct of local elections in • accordance with the prescribed laws and regulations . . 5 . 02 9 Advise the Council in decisions affectingthe ( ) employment or removal of department heads and appointed officials. ( 10) Work in cooperation with the Council's appointed attorney. ( 11) Prepare news releases and develop and discuss public relations material with all concerned as required. Maintain good public relations with the general public. ( 12) Consult, unless otherwise directed by the Council, with appointed officials and with other public or private agencies as may be required. ( 13) Be fully informed regarding federal, state and county programs which affect the Municipality. ( 14) Advise the Council on the terms and conditions of employee labor contracts for presentation to the Council . (15) Prepare an annual report to inform the public about the financial condition of the City. 110 ( 16) Perform all other duties required of him/her by the Council. Subdivision 3 . Requirements of Knowledge, Skills, and Abilities . ( 1) Considerable knowledge of Municipal government operation, proper procedures, public relations, finances, purchasing, and all administrative requirements for proper municipal operation. (2) All duties required by law to be performed by constables shall be assumed by and conducted by the Municipal police officers . (56) 5 . 04 LEGAL DEFENSE. In the lawful and good faith performance of the function and duties of their respective offices and employment and enforcement of the code of the Municipality, and all the laws, ordinances and resolutions and regulations of the Municipality, as a part thereof, the officers and employees of the Municipality act as agents and representatives and police officers of the Municipality and are entitled to all rights, privileges, and immunities to their persons and properties as are accorded by the laws of the State of Minnesota, no officer or employee is or shall be held personally liable by any person, for any claim or loss • arising from or out of the lawful and good faith performance of the duties and functions of such officer or employee; and whenever a r , 5.04 claim for loss or damage is made against an officer or employee • personally by reason of an act or omission done in the lawful or good faith performance of the duties and functions of his office and employment, the Municipality is authorized to and shall defend such officer or employee against the same, providing legal counsel as necessary to such defense, and pay such losses and damages as may be necessary to hold such officer or employee free of claim therefor. 410 Revised April, 1990 411 6 .01 • CHAPTER 6 PERSONNEL 6 .01. PURPOSE. It shall be the purpose of this chapter to establish a uniform and equitable system of personnel administration to employees of the Municipality. 6 . 02 . SCOPE OF CHAPTER. This chapter shall establish the employment relationship of all municipal employees except the following: ( 1) All elected officials and members of boards and commissions. (2) Employees of the volunteer fire department. ( 3) The Clerk-Administrator, municipal attorney, and health officer. (4) Temporary employees hired by the day or week to perform unskilled or semi-skilled work. (5) Consultants and others rendering temporary and professional services . (6) Volunteer personnel and personnel appointed to serve without pay. (7) The provisions of these policies and procedures shall apply to all personnel who are regulated by other local, state or federal regulations or negotiated agreements and this ordinance, the terms of the regulations or negotiated agreements will take precedence and those employees subject to the regulations or agreements shall be so regulated. 6 . 03 . APPLICATION TO POLICEMEN. This chapter shall not be applicable to policemen or officers of the Municipal Police Department. 6 . 04. DEFINITIONS. ( 1) "Regular full-time employee" means one who has successfully completed the required probationary period and who is employed on a schedule of at least 80 hours per pay period. (2) "Regular part-time employee" means one who has successfully completed the required probationary period and is employed on a schedule of more than 40 hours and less than hours 411 per pay period. 6 .05 (3) "Probationary employee" means one who has been 111 assigned to a full-time or part-time position, but who has not completed the probationary period. (4) "Temporary or seasonal employee" means one who has been appointed for full-time or part-time employment on a temporary basis for a period not to exceed six months . (5) "Benefits" means vacation, sick leave, paid holidays, insurance, and any other benefits as approved by the Council. (6) "Fiscal year" is the period January 1 to December 31 inclusive. (7) "Employee" means only an employee subject to the terms of this chapter unless the context in which the word appears requires a different meaning. (8) "Appointing authority" shall mean the Council. (9) "Work day" means the usual number of work hours an employee works per day. ( 10) "Immediate family" means the following kin of110 either the employee or the employee's spouse: children, stepchildren, mother, father, sister, brother, grandparents, or minor for which the employee is the legal guardian. ( 11) "Exempt" means an employee or group of employees determined to be covered by the provisions of the Fair Labor Standards Act. 6 .05 . APPOINTMENTS. All probationary, temporary, and regular appointments to municipal service shall be made by the appointing authority. 6 .06 . APPOINTMENT PROCEDURE. All appointments in the municipal service shall be made according to merit and fitness. No person shall in any way be favored or discriminated against because of race, creed, color, nation of origin, age, sex, handicap, political affiliations, marital status or beliefs . Subdivision 1 . By Examination. When required by law or by the appointing authority, merit and fitness may be ascertained be written, oral, or other examinations and shall relate to those matters which will test fairly the capacity and fitness of the candidate to discharge efficiently the duties of the position for which such examinations are held. • 6.07 Subdivision 2 . Without Examination. In case of appointment for positions for which examinations are not required, the appointing authority may appoint any person who appears to meet the requirements of the position and whom the appointing authority deems qualified to perform the duties of the position. Subdivision 3 . Relation to Other Municipal Personnel and Residents . Whenever possible, and with due regard for merit and fitness, the appointing authority shall avoid the appointment of any person when such person is related to any elected or appointed officer or employee of the Municipality. Appointment or assignments of persons related to any elected or appointed officer or employee in the same department is prohibited. 6 . 07 . PHYSICAL EXAMINATION. Unless otherwise exempted by the appointing authority, all successful applicants for municipal service shall undergo a physical examination which shall be conducted by a physician selected by the Council. All costs of the examinations shall be borne by the Municipality. 6 .08 . PROBATIONARY PERIOD. Subdivision 1. Purpose. The probationary period shall • be regarded as an integral part of the examination process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of the employee to his position, and for rejecting any employee whose performance does not meet the required work standards. Subdivision 2 . Duration. All original and promotional appointments shall be probationary and subject to a probationary period of six months service after appointment. At any time during the original probationary period an employee may be transferred to dismissed. At any time during the promotional probationary period, an employee may be placed in the pos f f-ion he ncr-iipied prQvi nils to promotion. Subdivision 3. Performance Reports . At the end of the first three months of the probationary period, the employee's supervisor shall submit a written report to the Clerk-Administra- tor on his observation of the employee's work and his judgement as to the employee's willingness and ability to perform his duties satisfactorily. Subdivision 4 . How Completed. At least ten days prior to the expiration of an employee's probationary period, the employee's supervisor shall make a written report to the appointing authority recommending the employee to be retained, dismissed or place in his 0 previous position. 6 . 07 410 Subdivision 5. Sick Leave and Other Benefits During • Probation. During the initial probationary period, but not during a promotional probationary period, an employee will not be paid for any absence from work with the exception of legal paid holidays . After six months of service, an employee will be entitled to sick leave and vacation leave to be accrued from the start of probationary employment. Group health and welfare benefits shall start the first day of the month following appointment; however, any waiting periods shall be according to the terms of the group health policy. 6 .09 . PROMOTIONS. It is the policy of the Municipality to fill vacancies in municipal service by promotion of regular municipal employees when possible. In case of equal qualifications, consideration will be given to the length of service. 6 . 10 GRIEVANCE POLICY. It is the policy of the Municipality insofar as possible to prevent occurrence of grievances and to deal promptly with those which occur. The following shall be the Grievance Policy of the Municipality: ( 1) Non-Union Employees - The following steps shall regulate the grievance procedure for non-union employees: Step 1 - Should an employee wish to file a grievance, • said grievance shall be field in writing within 10 working days of the occurrence of the grieved issue with the employee's department head. Step 2 - The grieving employee's department head shall immediately consider and examine the causes of the grievance and attempt to resolve it to the extent he possesses authority within ten working days of receipt of the grievance. Step 3 - If the grievance is not satisfactorily dealt with at the Department level it can be appealed within ten working days to the Clerk-Administrator. Step 4 - Upon receipt of the grievance appeal the Clerk- Administrator shall review the grievance and respond within ten working days. Step 5 - If the grievance is not satisfactorily dealt with at the Clerk-Administrator level a petition for the City Council to hear the grievance must be filed within ten working days with the Clerk-Administrator who will then place it on the next available City Council Agenda. • 6 . 10 (2) Union Employees - To the extent permitted by a 410 negotiated agreement, Union employees shall be allowed to pursue the grievance policy set forth herein to the Clerk-Administrator level. (3) Any time limits may be extended by mutual agreement between the employee and Clerk-Administrator. 6 . 11. PAYMENT UPON TERMINATION OF SERVICE. No employee who terminates or whose service is terminated for any reason shall receive final payment due him until it is ascertained that the employee has no debts owed to the Municipality. 6 . 12 LAY-OFFS. The appointing authority may lay off any employee whenever such action is made necessary by reason of shortage of work or funds, the abolition of a position or because of changes in organization, provided, however, that two week advance written notice shall be given. No permanent employee shall be laid off while there are temporary, provisional or probationary employees serving in the same class of positions for which the permanent employee is qualified, eligible, and available. Length of service in the same position class shall determine the order of making lay offs when all job relevant qualification factors are equal. • Any permanent or promotional probationary employee upon receiving a layoff notice may elect to be reduced to a lower position classification within the same department provided the employee has greater seniority than the employee being replaced or the lower position is vacant and the employee has previously held the position within the last three years. Seniority shall be determined by combining time served in his present position and the position to which reduction is contemplated. e 0= =mh -a n a- .u — e ' • ' s . 0 • 1 7 calendar days of receipt of the notification layoff. 6 . 13 SUSPENSION. After consultation with the Mayor, the Clerk-Administrator may suspend any employee without pay for disciplinary reasons for a period not to exceed five working days . Said suspension must be affirmed by resolution of the Council no later than seven calendar days after the suspension commences . The cumulative total of all suspensions for any one employee shall not exceed thirty working days during any calendar year. Causes for suspension shall include, but not be limited to the following: 111 ( 1) Insubordination 6. 12 (2) Gross negligence in the handling of municipal monies, equipment, or property. (3) Unauthorized use of City-owned equipment and vehicles . (4) Incompetence or inefficiency in the performance of his duties. (5) Violation of the provisions of this chapter. 6 . 14 Demotions . An employee may be demoted by the appointing authority for insufficient performance of his duties, for disciplinary reasons, or for other good and sufficient reason. Notice of demotion shall be in writing. 6 . 15 Dismissal. Any officer or employee subject to the provisions of this chapter may by resolution be dismissed from the municipal service by the appointing authority. Evidence of the following shall be sufficient cause for dismissal: (1) Incompetence or inefficiency in the performance of his duties . (2) Conviction of a criminal offense or misdemeanor • involving moral turpitude. (3) Violation of any lawful or official regulation or order or failure to obey any lawful direction made and given by his superior where such violation or failure to obey amounts to any act of insubordination or a breach of proper discipline or has resulted in or reasonably might be expected to result in loss or injury to the Municipality or to the public. (4) Intoxication by reason of alcohol or drugs while on duty. (5) Physical or mental defect which, in the judgement of the appointing authority incapacitates the employee for the proper performance of the duties of his position. (6) The use of offensive conduct or language toward the public, municipal officers or employees . (7) Carelessness or negligence in the handling and control of municipal officers or employees. (8) Inducing or attempting to induce an officer or employee of the Municipality to commit an unlawful act or to act in violation of any lawful or reasonable official regulation or • order. 6 . 15 • (9) Taking any fee, gift or other valuable thing in the course of his work in connection with it, from any person for his personal use, when such fee, gift or thing is given in the hope or expectation of receiving a favor or better treatment than that accorded to other persons or citizens . ( 10) Conduct in private life which brings discredit upon the municipal service. ( 11) Proven dishonesty in the performance of his duties . ( 12) Soliciting political contributions from municipal employees, and/or engaging in political activities on or with City equipment or on City time. ( 13) Unauthorized use of City owned equipment and vehicles . ( 14) Violation of the provisions of this chapter. 6 . 16 . RIGHT OF APPEAL. In all cases of suspension, demotion, or dismissal, the reasons for such action must be presented in a dated written statement to the employee affected. 41, Upon the employee's dated, written request to the appointing authority filed within ten working days of receipt of the statements of reasons, an employee shall be granted a hearing before the appointing authority, said hearing to be held not later than 15 days from the date of filing of the request for hearing. if the cause for suspension, dismissal, or demotion is not substantiated before the appointing authority, the employee shall be reinstated in his former position and shall receive all payments and benefits which would have been earned during the period of suspension, dismissal, or demotion. 6 . 17 . NOTICE OF INTENT TO DISCIPLINE. Whenever feasible the Clerk-Administrator shall provide at least two days notice to the union representative of an employee about to be disciplined through either suspension, demotion, or dismissal. Such notice to be given as soon as practical after the disciplinary action have been decided. Failure to give notice shall not be cause to invalidate the action taken. 6 . 18 PROHIBITIONS. No person shall willfully or corruptly make any false statement, certificate, marker, reading or report in regard to any test, certificate, or appointment held or made under the municipal personnel system or in any manner commit or attempt to commit any fraud preventing the impartial execution of the provisions of this chapter. No person seeking employment or promotion in the municipal service shall either 6 . 18 directly or indirectly give, render, or pay any money, service or other valuable consideration to any person, for on account of or in connection with his test, proposed appointment, or promotion. 6 . 19 VETERAN'S PREFERENCE. Nothing in this chapter shall be effective to the extent that it is inconsistent with the "Veteran's Preference" law, Minnesota Statute Chapter 197 . 6 .20 VACATION POLICY AND SCHEDULE. (240) Subdivision 1. The objective of vacation is to provide employees with a period of rest and relaxation. Vacation leave will accrue to full-time employees according to the following schedule: 1 through 5 years 10 days After 5 years through 10 years 15 days After 11 years 16 days After 12 years 17 days After 13 years 18 days After 14 years 19 days After 15 years 20 days Subdivision 2 . Vacation will accrue to regular part- time employees on a pro-rata basis of the schedule in Subdivision110 1 . 6 .21 LEGAL HOLIDAYS OCCURRING DURING VACATION PERIOD. When a legal holiday falls on a working day during an employee's vacation, the day of the holiday will not be counted as a day of vacation. 6 .22 VACATION PAY. If an employee desires vacation pay in advance of vacation, he must give the Finance Director at least three weeks notice in writing of each request. He would then receive his normal check to the regular pay period which occurs during his vacation. 6 .23 VACATION TIME. All vacations shall be arranged and posted by May 1. However, an employee may take vacation time giving reasonable advance notice subject to the approval of their Department Head or the Clerk-Administrator. Employees will be given opportunity to select vacation periods insofar as it is practical . Selection of vacation time shall be based on seniority. 6 .24 CARRY-OVER AND WAIVER OF VACATION LEAVE. An employee shall be permitted to carry over no more than ten days vacation time plus the amount accrued during the previous year from one year to the next, except with Council approval. 6 .25 6 .25 CONSECUTIVE VACATION DAYS . If the employee is entitled to two weeks vacation he must take one week consecutively, if an employee is entitled to three or four weeks he must take two weeks consecutively. 6 .26 SICK LEAVE. Subdivision 1. Eligibility. Sick leave with pay shall be granted to all probationary and regular full-time employees at the rate of one work day for each calendar month of full time service or major fraction thereof, except that sick leave granted probationary employees shall not be available for use until satisfactory completion of the initial probationary period. Promotional probationary employees may make use of sick leave; however, if the sick leave exceeds a total of five working days, the probationary period shall automatically be extended a like period of time. Sick leave will accrue to regular part-time employees on a prorata basis. Subdivision 2 . Accrual and Use. Sick leave may be accumulated to a maximum of 120 days. Sick leave may be granted only for absence from duty because of personal illness or disability, legal quarantine, or death or serious illness in the • immediate family. Subdivision 3 . Proof Required. In order to be eligible for sick leave with pay, an employee must: ( 1) Report promptly to his Department Head the reason for his absence. (2) Keep his Department Head informed on a weekly basis of his condition, if the absence is more than three days duration. ( 3) Submit a medical certificate for any absence exceeding three days if required by the Clerk-Administrator. (4) Penalty. Claiming sick leave when physically fit, except as permitted in this section may be cause for disciplinary action, including transfer, suspension, demotion or dismissal. (5) An employee who meets the other requirements of this section and who receives workers ' compensation payments shall be granted accrued sick leave pay in the amount of the difference between his workers ' compensation payments and his salary. (6) Severance pay. Severance pay shall be granted in the amount of 50 percent of unused sick leave to employees who have 0 completed ten years of service. Upon death of the employee, the beneficiary of the employee shall be paid the benefit. 6 .26 (7) "Bank" sick leave. Employees who have accumulated the maximum 120 days sick leave shall be permitted to accrue additional "bank" sick leave at the rate of one day per month. "Bank" sick leave shall not be used in computing severance pay. Subdivision 4 . Sick Leave Advance. Upon making written application to the Clerk-Administrator, regular full-time employees may be advanced sick leave . by the Council with the following conditions: ( 1) Employees with less than one year of service shall not be eligible. (2) Employees shall have exhausted all sick leave and vacation time in excess of 5 days available to them before receiving an advance of sick leave. (3) Eligible employees may receive advances of sick leave not to exceed 15 working days . (4) Whenever possible, as determined by the Council an employee who receives an advance of sick leave shall maintain an accrual of unused vacation leave equivalent to the outstanding balance of the advance. • (5) Any employee who receives an advance of sick leave shall repay that advance with sick leave the employee accrues for each month of service. (6) Any employee, whose employment with the City terminates prior to full repayment of the sick leave advance, shall repay said advance from his regular earnings . This shall be deducted from the employee's paycheck. 6 .27 . EMERGENCY LEAVE OF ABSENCE. In cases of serious emergency, including death or serious illness in the employee's immediate family or other emergency of a serious nature, a regular employee's Department Head may authorize use of sick leave benefits for such absences up to a maximum of three days for each emergency. 6 .28 MILITARY LEAVE OF ABSENCE. Subdivision 1. Military leave of absence and re-employ- ment of employees returning from active service with the Armed Forces shall be subject to applicable federal and state legislation. Subdivision 2 . Upon return from a military leave of absence, a regular employee will be reinstated to his former position if it still exists and the employee is not incompetent to perform the duties of the position. 410 6 .28 • Subdivision 3 . If the position no longer exists, the employee will be reinstated to a position of like status and pay, unless circumstances have so changed as to make it impossible or unreasonable. Subdivision 4 . The employee may keep his military pay. 6 .29 LEAVE OF ABSENCE WITHOUT PAY. Leave of absence without pay may be granted by the Council under the following circumstances . ( 1) A request of an employee to the Clerk-Administrator. (2) When an employee is absent from work and all accrued vacation and sick leave benefits have been paid, the Clerk-Administrator is authorized to place the employee on unrequested leave of absence without pay. Such action shall be presented to the Council for confirmation at the next regularly scheduled meeting. An employee shall not be placed on leave of absence without pay until all accrued vacation and sick leave benefits have been paid. Such leave of absence shall not exceed a period of 90 days provided • that the same may be extended beyond such period for continued disability or other good and sufficient reasons, but in no case shall it exceed one year. During a leave of absence without pay, no benefits, i.e. vacation or sick leave, health and life insurance premium contribution, uniform allowance and vehicle and expense allowance shall be accrued or paid by the City. Such benefits shall be prorgted and if the absence is for a shorter duration than the time period in which the benefit is paid for accrued. 6.30 HOLIDAYS. (240,286) Subdivision 1. The following shall be legal holidays for all regular full-time employees and regular part-time employees on a prorata basis subject to this chapter: New Year's Day, Martin Luther King's Birthday (3rd Monday in January) , President's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day. If Christmas Day, New Year's Day, Independence Day or Veteran's Day falls on a Sunday, the following Monday will be considered a holiday. Employees shall observe the days herein designated as legal holidays and receive compensation as though worked, but essential operations shall be maintained by such skeleton crews as the Department Head deems necessary. An employee working on a • holiday shall receive his regular pay in addition to the holiday compensation herein given, unless he is receiving call-out pay. 6 . 30 • Wages shall not be paid for a holiday to an employee who is on leave of absence without pay the day before the holiday. 1111 6 .31 COMPENSATION. Subdivision 1. Rates of Pay. Rates of pay for all employees shall be set by the Council. Subdivision 2 . Pay Periods . The pay period for all employees shall be fourteen calendar days. Each pay period shall commence at 12 :01 a.m. on a Saturday and end at 11:59 p.m. on a Friday, fourteen days later. Pay day shall be the Friday following the end of the pay period. When a pay day falls on a legal holiday employees shall be paid on the preceding work day. Subdivision 3 . Payroll Deductions . The automatic payroll deductions shall be made as required for federal and state government taxes, and the various pension plans . Employees may elect to have payroll deductions made for a municipal employee group insurance plan, United States Savings Bonds, charity drive contributions, union dues, and other authorized programs if mechanically possible. Subdivision 4 . Overtime Pay. Overtime pay is work performed in addition to the • employee's established schedule of work hours and shall only be performed with the approval of the employee's supervisor or Clerk- Administrator. a. All non-exempt employees will be paid at a rate of time and one-half for all hours worked in excess of 80 hours during a pay period as defined by 6 . 31, Subdivision 2 of this chapter. The hourly pay for overtime by salaried employees is determined by dividing the base monthly salary by 173 hours and . ' • ♦ ' . • ' . - _ • . -- . . b. Overtime shall not be paid to exempt employees . Subdivision 5 . Compensatory Time Off. a. Compensatory time may be given to non-exempt employees when in compliance with the Fair Labor Standards Act at a rate of one and one-half hours for each hour of overtime worked and must be taken within one month of the overtime for which it is granted unless prior arrangements have been made with the Department Head and the Clerk-Administrator. At no time shall compensatory time be allowed to accumulate in excess of 240 hours. • • 6 .31 b. Compensatory time shall not be given to exempt employees . A payment for accrued compensatory time upon termination of employment shall be calculated at the average rate of pay for the final 3 years of employment, or the final regular rate received by the employee, whichever is higher. Subdivision 6 . Call-Out Pay. An employee called back to work after he has completed his regular work day or called out on his day off shall receive a minimum of two hours compensation at the overtime rate if total hours worked during the work week exceed 40 hours. Subdivision 7 . Pay for Part-Time Work. If an employee works on a part-time basis, that is less than 40 hours per week, his pay shall be based on the hourly rate computed from the monthly rate for the position. Subdivision 8 . Termination. If an employee is terminated prior to the completion of his original probationary period or his discharge, he shall receive no pay for any accrued vacation leave or unused sick leave benefits. • 6.32 RETIREMENT. The mandatory retirement age for employees covered by this Ordinance shall be 70 years of age. There shall be no waiver of this requirement without approval of the appointing authority. 6.33 ABSENCE PROM WORK. Except as provided by this chapter, no employee shall be paid if absent from work. 6. 34 REST PERIODS. All regular employees when working under conditions when the use of a break period is practical, shall be granted a 15 minute break period in the afternoon of each work day. Travel time, if any, will be included in the break period. 6. 35 JURY DUTY. Any employee who is required to serve as a juror or who is under subpoena as a witness in court shall be granted leave with pay while serving in such a capacity, contingent upon the employee paying to the municipality treasury the fees received for such services . When an employee is released by the Court from jury duty, and there are work hours remaining on the day of release, the employee shall report to his supervisor for work. 6 . 36 RESIDENCE. No municipal employees shall be required to become residents of the Municipality at any time. However, they are encouraged to do so. 6 . 37 • 6 . 37 MISCELLANEOUS REGULATIONS . Subdivision 1. Travel Expenses. On municipal business an employee will be reimbursed for his travel expenses . In order to receive such reimbursement, the employee shall immediately upon return to work, fill out the appropriate claim form and submit it to the Clerk-Administrator. Subdivision 2 . Car Expenses. An employee authorized to use his personal automobile on municipal business shall be reimbursed at a rate to be established from time to time by the City Council. Claims for mileage shall designate date of travel, purpose of travel, and miles traveled. (240) Subdivision 3 . Uniforms . When uniforms are provided they shall be paid for by the Municipality. Subdivision 4 . Municipal Tools and Equipment. ( 1) Municipal tools and equipment shall not be used for anything other than municipal purposes unless approved by the Clerk-Administrator. (2) Municipal tools charged out to any employee upon a written receipt which are lost or broken through misuse of the • employee shall be replaced by the Municipality at the employee's expense. Subdivision 5 . Health and Life Insurance. All regular full-time employees may be covered by a group health and life insurance plan as approved from time to time by the City Council. A portion of the monthly premium costs of such insurance plan may be paid by the Municipality, such portion to be established from time to time by the City Council. The balance of the premium costs shall be paid by the employee. (240) Subdivision 6 . Work Day and Work Week. ( 1) The normal work day for regular municipal employees shall be eight hours, however, a department head with the approval of the Clerk-Administrator may allow an employee to deviate from that on an irregular basis as workloads demand. (2) The normal work week for regular municipal employees shall be seven days, Saturday through Friday. Subdivision 7 . Conflict of Interest. It is expected that every employee shall exercise good judgement in avoiding • 6.37 . becoming involved with conflicting outside business interests . These include, but are not limited to, the following: ( 1) Those in which an employee has financial interests in, or receives benefits from, a business in which he occupies a position which may enable him to influence the placing of municipal business either inside or outside the municipal government. (2) Those in which an employee accepts full or part- time work elsewhere, where such activity interferes with their duties and job performance for the Municipality. Subdivision 8. Political Activity. ( 1) No employee shall seek or accept election, nomination or appointment as an officer of a political club or organization which is taking an active part in a municipal political election except on behalf of his own candidacy. Employees are discouraged from actively campaigning for or against any candidate seeking municipal public office. (2) This section shall not be construed to prevent any employee from becoming or continuing to be a member of a political • club or organization or from attendance at a political meeting or from enjoying entire freedom from all interference in casting his vote or from seeking or accepting election or appointment to public office. (3) Any employee who shall become a candidate for any elective office of the Municipality shall automatically receive a leave of absence without pay and shall perform no duties connected with the position held by him until he is no longer a candidate. If the needs of the municipal service require, the vacancy created by his absence may be filled and his services terminated. (4) An employee who becomes an elected official of the Municipality shall be required to resign his employment with the Municipality. (5) No employee shall endorse a candidate and represent himself as an employee of the City by statement or picture in that endorsement. Subdivision 9 . Severability. This chapter is subject to the laws of the United States, the State and the Municipality. Each provision of the personnel chapter is deemed severable from any other provision. If any provision of this chapter shall be found invalid or void, the remaining provisions shall remain valid i 6 .38 unless a court of competent jurisdiction finds any remaining • provisions, complete and incapable of being executed in accordance with the Council's intent. 6 .38 SALARY ADMINISTRATION AND PERFORMANCE REVIEW PROGRAM. The Salary Administration and Performance Review Program adopted by the City Council on October 14, 1981 shall act as a policy guide in establishing equitable compensation for non-union office and supervisory - administrative - management positions by recognizing and identifying important differences in requirements for positions so that the relationships among the positions are internally consistent and by recognizing the level of on-job performance being demonstrated by each employee. The Salary Administration and Performance Review Program may be amended by resolution of the City Council. 6 . 39 EQUAL OPPORTUNITY POLICY STATEMENT. This is to affirm the City of Mounds View's policy of providing Equal Opportunity to all employees and applicants for employment in accordance with all applicable Equal Employment Opportunity/ Affirmative Action laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof, specifically Minnesota Statutes 363 . The City of Mounds View will not discriminate against or • harass any employee or applicant for employment because of race, color, creed, religion, natural origin, sex, disability, age, marital status, or status with regard to public assistance. The City of Mounds View will use its best efforts to afford minority and female business enterprises with the maximum practicable opportunity to participate in the performance of subcontracts for construction projects that this City engages in. The City of Mounds View will commit the necessary time and resources, both financial and human, to achieve the goals of Equal Opportunity and Affi mative Action. The City of Mounds View fully supports the incorporation of non-discrimination and Affirmative Action rules and regulations in contracts . The City of Mounds View will evaluate the performance of its management and supervisory personnel on the basis of their involvement in achieving these Affirmative Action objectives as well as other established criteria. Any employee of the City who does not comply with the Equal Employment Opportunity Policies and Procedures as set forth in the Statement and Plan will be subject to disciplinary action. Any subcontractor to the City not complying with all applicable Equal Opportunity/Affirmative Action • , , 6 .39 0 laws, directives and regulations of the Federal, State and Local governing bodies or agencies thereof, specifically Minnesota Statutes 363 will be encouraged to come into compliance or risk the loss of future contracts . The City of Mounds View has appointed the Clerk- Administrator to manage the Equal Employment Opportunity Program. His/her responsibilities will include monitoring Equal Employment Opportunity activities and reporting the effectiveness of this Affirmative Action Program, as required by Federal, State and Local agencies . The City Council will receive and review state required semi-annual reports on the progress of the program. if any employee or applicant for employment believes he/she has been discriminated against, please contact the Clerk-Administrator, 2401 Highway 10, Mounds View, MN, 55112 or call 612/784-3055 . (457) • TO: Mayor & Council • Brager,Don Bra er Finance Director-Treasurer DATE: April 10, 1990 SUBJECT: CLOSING OF GREENFIELD PARK GRANT FUND Parks and Recreation Director, Mary Saarion, inherited the task of completing the paper work and obtaining the final payment on the Greenfield Park Grant from former Director, Bruce Anderson. This task was compounded by staff turnover at the State Agency administering the grant, their loss of the file and in my opinion, a lack of interest on their part. Parks and Recreation Director Saarion's persistence paid off and the final grant payment of $4,900.24 was received in December 1989 . After the grant payment was made a deficit of $36 . 34 exists in the Fund. I propose a transfer of $36. 34 from the General Fund to cover the deficit and that the Fund be closed since the project has been completed. RECOMMENDATION: ADOPT RESOLUTION NO. 3028, A RESOLUTION CLOSING THE GREENFIELD PARK GRANT FUND 110 DB/DSP Attachment RESOLUTION NO. 3028 411 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Pursuant to due call and notice thereof, a meeting of the Council of the City of Mounds View, Minnesota was held at City Hall on April 23, 1990 with the following members present: and the following members absent: Member introduced the following resolution and moved its adoption: A RESOLUTION CLOSING THE GREENFIELD PARR GRANT FUND WHEREAS, the Greenfield Park Grant Fund was established to account for a grant the City received to improve recreational facilities at Greenfield Park; and WHEREAS, the project has been completed and the final payment on the grant has been received; and WHEREAS, a deficit of $36 .34 exists in the Greenfield Park Grant Fund; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Mounds View that the Greenfield Park Grant Project has been completed, and that the Finance Director is hereby directed to transfer $36 .34 from the General Fund to the Greenfield Park Grant Fund and to close the Greenfield Park Grant Fund. The motion for adoption of the above resolution was duly seconded by Member and upon a vote being taken, Ayes Nays, said resolution was declared duly passed and adopted this 23rd day of April, 1990. ATTEST: Mayor (SEAL) Clerk-Administrator